9 defendants were found guilty of "propaganda for an illegal
organization" as defined by article 7/2 of the Anti-Terror Law (TMK)
and sentenced to 1 year imprisonment. The other 2 convicts received a
mitigated prison sentence of 10 months because of "good conduct". We
were notified of the court's reasoned decision just a short time ago on
10 November 2009.

11 PKK members were killed last year in a military operation in the
rural area of Tunceli-Nazımiye-Büyükyurt in eastern Turkey.
Upon this
incident, Murat Polat and Hüseyin Tunç made a public press
release in
the town centre of Tunceli on 11 April 2008.

After the press release the Prosecutor's Office initiated an
investigation. As a result, the Malatya 3rd High Criminal Court opened
a case against 11 people under charges of article 250 of the Criminal
Procedure Law (CMK). The trial resulted in the reasoned decision, read
excerpts of the decision as follows:

"Defendant Murat Polat ended his speech by saying 'We got to know that
11guerrillas, members of HPG (People's Defence Forces), lost their
lives during the announcement of the Tunceli Governorship'. 'We express
our condolences to the families and friends of the HPG guerrillas that
died that day in the clashes'. "Hüseyin Tunç used the
phrase 'the
military made our guerrilla youth martyrs'. The other defendants
shouted the slogan 'Şehit Namırın' ('Martyrs Don't Die'). Several
defendants also shouted the slogan 'Guerrilla is an honour, claim that
honour'. It can be understood from the contents of the entire file that
the defendants "... can be described as guerrilla. The members of the
'black gang', the PKK, characterized as a 'terror organization',
conducted activities aiming to destroy the unity of the country. The
PKK terror organization members aimed to make their actions look legal.
Members of terror organizations and terrorists were not accepted and
they turned the action labelled as press release into a meeting of the
organization with the aim to get the people to accept them that way. By
doing so, they opposed the legal actions of the security forces. They
tried to persuade the crowd by claiming the killed terror organization
members were martyrs. It is understood that after the killed
organization members were taken to the hospitals mortuary, they spread
propaganda with the aim of establishing the organization's ideas, views
and opinions and aiming to reach a huge crowd of people with the
organization's views and thoughts to win the people over..."

It must be said that the prosecutors and the courts evaluated the
slogan "Martyrs Don't Die" under the aspect of article 215 of the
Turkish Criminal Code on "Glorification of Crime and Criminals". In
this case usually a monetary fine was handed to the defendants.

However, in the course of the amendments of the Anti-Terror Law no.
3713, dd. 29 June 2006 and law no. 5532, both the prosecutors and the
courts evaluate this kind of slogans in the context of the Anti-Terror
Law.

The penalty is a clear violation of the law

It has to be emphasized the Anti-Terror Law foresees concrete
penalties. The punishments cannot be postponed or converted into a fine
(article 13 TMK).

The punishment in this trial is clearly violating the law. First of
all, "Guerrilla" is a linguistic term. The court evaluates the use of a
linguistic term as propaganda. Again, it is legally not understandable
how the crime of propaganda for an organization can be generated out of
the term "Martyr".

The court did not even watch the CD showing records made by the police,
footage the decision was actually based on. Tunceli Foundations
President Özkan Tacar and several other defendants stated that
they had
not shouted slogans. Nevertheless, the court did not order an analysis
of the CD records by an expert. The conviction was exclusively based on
the police report.

However, the Criminal Procedure Law says, "The judge can base his/her
decision on evidence brought and discussed before the court. This
evidence can be evaluated freely in all conscience of the judge".
According to this clause and in the context of the "right to a fair
trial" the CD records in particular had to be analysed by a specialist
and had to be watched and discussed in the hearing. Because, immediacy,
completeness and discussion are the most important principles of
prosecution.

Anything else but praising the Dersim Massacre is a crime!

The Diyarbakır High Criminal Court punished a candidate of pro-Kurdish
Democratic Society Party (DTP) under charges of "propaganda for an
illegal organization" in the context of CMK article 250 because the DTP
candidate shouted slogans in the candidate's promotion meeting.

In provinces like Diyarbakır and Adana children throwing stones in
demonstrations receive prison sentences of dozens of years...

In this country whatever you say and whatever you do is a crime, even a
big crime... Except for praising and defending the Dersim Massacre and
spreading "war propaganda"...

While the government is opening up, the judiciary gets locked up! (BIA,
Barış YILDIRIM, 25 November 2009)

In Batman and Adana Children get 38 years prison
sentence

7 children between the ages of 13 were charged over taking part in
demonstrations in Batman on the anniversary of the capture of PKK
leader Abdullah Öcalan, and throwing stones at the police. The
indictment of Diyarbakır Public Prosecution with special powers said
that the kids chanted pro-Ocalan slogans, and blocked some streets with
garbage containers. Trial will begin in the coming days.

28 years prison sentence for kids in Adana

While in Adana 6 kids were condemned to 28 years prison sentence
in total for throwing stones at police officers.

M.O., İ.G. and Ö.Ö. between the ages of 13 and 17 were given
5 years
and 4 months each for being members to and armed organisation and
making propaganda. İ.S., S.Ö. and C.K under the age of 15 were
given 4
years prison sentence each. Murat K and Servet G who were on remand for
"committing crime in the name of the organisation" were given 6 years
and 3 months. (antenna-tr.org, November 24, 2

Peace activist Yuksel Mutlu and trade union members
were released

Ms. Yuksel Mutlu, who is the spokesperson of the Turkey Peace Assembly
and a member of the Honorary Board of the Human Rights Association
(IHD), and 21 administrators and members of the Confederation of Public
Employees Trade Unions (KESK), were released on Saturday, 21 November
2009. They had been in prison since 1 June 2009.

A hearing was held before the 8th District High Criminal Court of İzmir
on 19-20 November 2009. At the end of hearing it was clear that the
accusations against Ms. Yuksel Mutlu and the KESK administrators and
members did not have a legal basis. Furthermore, the investigation
conducted by the gendarmerie had been unlawful and that the indictment
contained unfounded claims against the KESK and some other NGO’s.

We would like to thank the following institutions and people for their
solidarity during the hearing for two days: the administrators and
members of KESK, Diyarbakir Bar Association, the Izmir branch of the
Progressive Lawyers Association, the representative office of the Human
Rights Foundation of Turkey in Izmir, representatives of foreign and
local institutions and the people who have been present at the court
house during the hearing. (ihd@ihd.org.tr, 23 November 2009)

Çayan Demirel has turned the events that occurred at Diyarbakır
Prison
No.5 during and after the 1980 military coup into a documentary based
on eye-witness accounts. DTP chairman Ahmet Türk is a former
inmate of
the prison.

Many politicians, artists, journalists and academics in Turkey were put
on trial and then sent to prison during and after the coup. The torture
they were subjected to in the prisons has been slowly revealed over the
years.

Diyarbakır Prison No.5 holds the most significant place among these
prisons. Many famous Turkish and Kurdish politicians and artists were
detained there, including Ahmet Türk, the current chairman of the
pro-Kurdish Democratic Society Party, or DTP.

Kurdish researcher and documentary filmmaker Demirel, who was born in
Dersim, now called Tunceli, in eastern Anatolia, decided to contribute
to revealing the torture that was carried out in the prison. He made a
documentary called “Diyarbakır No.5,” which focuses on Kurdish
prisoners, based on eye-witness accounts. The film was named Best
Documentary at the last Antalya Golden Orange Film Festival in October.

Prison was ‘laboratory’ for Kurds

Demirel contacted the guards who were in charge of Diyarbakır No.5 at
the time and tracked down the prisoners while making his award-winning
documentary. With a team of volunteers, he found the martial
prosecutors from the era and interviewed other military figures.

The filmmaker called the prison a “laboratory,” especially for Kurdish
prisoners. He told the Hürriyet Daily News & Economic Review:
“In
light of what prisoners told us, we see that thousands of kinds of
torture were experienced in the prison. The conclusion I get from what
we were told is that fascism reached its peak.”

Demirel said Kurdish people who did not know Turkish were forced to
learn 50 Turkish marches in three days. According to witnesses’
statements, he said: “Prisoners who couldn’t learn 50 marches were
exposed to various torture. The Turkification policy was at its peak in
the prison.”

A secret revealed in the dining hall

After gaining special permission from prison authorities, Demirel
filmed shots inside the prison. Relying on the testimonies of 80
prisoners, he explored each part they described.

“Witnesses’ accounts were so impressive that I felt like I knew each
corner of the prison, inch by inch. Witnesses told me that nationalist
slogans were written on the walls by prison officials,” he said. “I saw
a Turkey map drawn on the ceiling only in the tailor section; apart
from that, there was no trace of the past. It was because the prison
had been restored and its walls painted.”

Demirel said, however, that he came across one more writing exactly
like witnesses said. “As the dining hall was a humid place, paint fell
off and the writing became clear,” he said.

The director has put forward the idea that the prison should be turned
into a museum. “Turning such a torture place into a museum would mean
that we would face up to our past,” he said.

Demirel’s documentary will be screened at many national and
international festivals in the coming months.

Dersim documentary still on trial

“Diyarbakır No.5” is not the first documentary Demirel has made. In all
his films, he reveals the political and diplomatic events Kurdish
people have been exposed to.

One of his previous movies is a documentary about "Dersim events" in
1938. That year the military intervened in a local uprising in an area
dominated mostly by Alevis and Kurds, leaving thousands dead. In the
2006 film, Demirel used witnesses’ narrations to document the Dersim
events, which have recently been debated among politicians.

The Ministry of Culture’s inspection board did not give permission for
the documentary to be screened, leading Demirel to file a lawsuit
against the ministry. The trial is still ongoing.

“A process called the Kurdish initiative is on the table, but I am not
persuaded because our memories are still constricted by red lines.
Going beyond these lines is still dangerous in Turkey,” he said.
(Hürriyet Daily News, November 20, 2009)

MEP Takis Hadjigeorgiou in Turkey to attend the trial
of 31 unionists

GUE/NGL Vice President, Member of the European Parliament of AKEL,
Cyprus, Takis Hadjigeorgiou is in Izmir, Turkey, where he has
been
attending, on behalf of the GUE/NGL, the trial of 31 trade
unionists,
members of the Confederation of Public Servants ECMR Turkey Federation
and educational EGITIM SEN.

The trial is a culmination of the repressive policy of the Turkish
state against trade unionism in the public sector. The 22 of the
arrested, of whom the majority are women, are still in prison since May
28, 2009.

They are accused of supporting and harbouring terrorist activities
associated with the action of the Kurdistan Workers Party (PKK).

MEP Takis Hadjigeorgiou, on behalf of GUE/NGL, has conveyed his full
solidarity to the arrested, who are being tried because of their union
activity. At the same time he expressed his concern as Turkey, a
candidate country for EU membership, still has a legal framework, which
is not aligned with the standards of the European Union, as well as
those of the ILO, especially concerning the right of organization, the
right to strike and to the collective bargaining.
(gianfranco.battistini@europarl.europa.eu, November 20, 2009)

Muteber Öğreten from the Initiative for a Mine-Free Turkey
indicated
that every 3 days people are killed or wounded by landmines. According
to Öğreten, this figure has not changed since the Ottawa Treaty
was
ratified by Turkey in 2003.

The Initiative for a Mine-Free Turkey and the International Landmine
Ban Campaign published their report for 2009 in a press conference on
12 November. Apart from Öğreten, Hüseyin Demirdizen from the
Turkish
Medical Association (TTB), Erol Kızılelma from the Social Democracy
Foundation (SODEV) and Ergün İşeri from the Disabled People
Association
commented on the current situation in the press conference.

Öğreten emphasized that Turkey is not fulfilling the requirements
of the treaty. He evaluated the country's position as follows:

Öğreten: The purpose of the treaty is to eliminate losses and
suffering
caused by anti-personal landmines. The law regarding landmine clearing
on the Syrian-Turkish border enforced in 2008 is not part of the
treaty's conditions. The conditions defined by the Ottawa Treaty are
not fulfilled just by landmine clearance, if at the same time physical
and psychological support is not granted to the victims and personal
damage is not being eliminated.

Öğreten continued that in order to reduce the number of mine
victims
measurements can be taken in the regions as risks. Local residents
could receive corresponding education and children in primary school
could have compulsory lessons on this topic.

Kızılelma: The public has to be mobilized as an element of pressure for
the landmine clearance. Necessary measures for clearing the landmines
are not being taken. It is important to open the cleared areas to
public use, this is what is required in a democracy.

Demirdizen: The law issued in 2008 revealed that the government is
looking at the matter from a perspective of annuities. In the context
of mine clearance there are several goals on the agenda, the problems
of the victims must be our priority. There are unavoidable health
problems as well as health problems caused by the mines that could be
prevented. Landmines have been created by humans and humans can stop
them. At this point, the government has to take action urgently.

İşeri: The problems of the landmine victims can be summarized like this:

- They have problems to find a job. Their only income is a government
allowance of 180-200 Turkish Lira (about € 80-90). Families of mine
victims are supposed to live on that amount.

- Infrastructure is insufficient. Many victims of dismemberment do not
even have a prosthesis.

- Limited education opportunities.

- Lack of required rehabilitation activities. No action for
reintegration into the society.

- No research has been made on the number of victims in mined regions
after evacuating villages. The migrants cannot return to these areas
because of anti personal mines.

After the clearance of mined land the victims have to be considered. By
opening the cleared areas to the public, economic and social
opportunities must be created for the landmine victims. (BIA, Ece
YILDIZ, 16 November 2009)

Children Still to Be Prosecuted for "Terror Crimes"

According to the Children's Agenda Association, as part of the umbrella
organization of the Calling for Justice Group, the bill is opposing the
children's judiciary system if it holds on to the concept that children
can commit terror crimes under the Anti-Terror Law (TMY). The
association summarized the bill as follows:

"With this bill, a 50 percent increase of punishments for crimes in
relation with the Turkish Criminal Code as foreseen in article 5 of the
TMY will expire for children. The ban of postponing a penalty as
offered in article 13 will be lifted for children if the amendment will
be effected. In case the sentence stays below a duration of 3 years and
the conditions apply to article 51 of the TCY, it is in the judge's
discretional power to decide for a postponement".

"From an optimistic point of view, these developments would enable the
judge to determine the penalty for children complying with the lower
limit. The judge could account extenuating circumstances in favour of
the child and if the other conditions are fulfilled the court could
decide for a postponement. In case the penalty handed by the judge does
not conform with the lower limit, again the sentence for the child can
exceed 10 years".

The Children's Agenda Association admonished that the juvenile
judiciary system was not established with the aim of punishing, but
with the pursuit of education. The association itemized the facts that
pave the way for investigating and prosecuting children like adults and
that oppose the juvenile judiciary system and the children's rights:
lack of an index of crime specifically for children, lack of
alternative educational applications instead of punishment, lack of
infrastructure for social investigation reports prepared by independent
and unbiased experts, the validity of a pretence decision in the TMY
which considers children as organization members where the their
actually is no organization.

Articles that victimize children

Children under charges of "terror crimes" because they participated in
protest actions can still be adjudged long prison sentences because of
the remaining articles regarding aggravated penalties. If the bill will
be effected in the current draft, at the most optimistic estimate these
children will be handed prison sentences of 6 years. The amendments
suggested by the Call for Justice Group, which would be in line with
the children's judiciary, were not implemented in the bill. The
referring articles of the TMY go as follows:

- Article 2 - concerned with the application that gives way to
penalties on the ground of membership to an illegal organization even
if the children have no connection to the organization.

Article 7/2 - punishment of children on the grounds of propaganda for
an illegal organization because of covering the face partly or entirely.

Article 220/6 - enabling punishment of children under allegations of
membership in an illegal organization even though there is no
connection between the children and the organization.

Article 33 c of the Act on Meetings and Demonstrations - regarding
punishment of children for throwing stones at security forces
accounting for armed resistance. (BIA, Yonca CINGOZ, 13 November 2009)

IHD
Members Still Detained Despite Invalid Evidence

In the first hearing of the court case against 5 members of the Human
Rights Association (İHD) the court decided to keep association
executives and lawyers Filiz Kalaycı and Nedim Taş in detention. All 5
İHD members are tried under charges of "membership in an illegal
organization". The case has been postponed to 28 January 2010.

İHD chairman Öztürk Türkdoğan told bianet that they are
going to lodge
an appeal regarding the detention of the 2 İHD members. Besides,
Türkdoğan claimed that the evidence presented by the prosecutor is
invalid.

The trial began on 9 November before the Ankara 11th High Criminal
Court. Lawyers and İHD head office board members Hasan Anlar, Halil
İbrahim Vargün and Murat Vargün are being prosecuted
un-detained.

All 5 İHD members were arrested on 12 May. The court rejected the
prosecutor's demand to detain them then and they were released 2 days
later on 14 May. However, upon the objection of the prosecutor Taş and
later on also Kalaycı were detained shortly after. Kalaycı worked on
rights violations occurring during arrest and detention.

"They are still in detention because the prosecutor did not take
certain statements"

Türkdoğan disclosed some irregularities of evidence and in the
investigation as reasons for the appeal:

Taking a statement under police pressure: The prosecutor presents the
statements of 2 people as evidence. However, these 2 people claimed in
another trial that they were forced to make these statements under
police pressure. Yet, the latter statements are not taken into account
in the present case. We ensured that the file is going to be included
into the case.

The prosecutor did not take certain statements: The prosecutor would
have had to take the statements of these 2 people in the investigation
phase. But he requested to hear them only in the first hearing. The
court decided to continue the detention until these 2 people have been
heard.

"Illegal evidence"

Email with unknown source: One of the pieces of evidence is an
electronic mail of which neither the source nor the sender is known.
Additionally, the prosecutor did not initiate an investigation about
the computer in the internet café the message was sent from.

İHD announcements count as evidence: Our meetings and İHD press
releases are presented as evidence. That is invalid as well.

2.5 years of telephone tapping: The phone lines of our members have
been tapped due to a court decision since 2007. Phone tapping cannot
last that long. This is illegal on its own.

Conditions of detention not fulfilled: Neither is the probability of
obscuring evidence given, nor of our members' escape. Kalaycı is a
human rights defender and a lawyer. And the evidence is invalid anyways.

Türkdoğan evaluates these issues as criminal violations of duty.
He
declared that they are going to wait for the end of the case in order
not to influence the trial before they will file a criminal complaint
about the prosecutor.

"Release the rights defenders"

In the meantime the European-Mediterranean Human Rights Network (EMRHN)
demanded of Turkey to end the case and release Kalaycı.

The organization reminded a text of the European Council and the United
Nations Organization considering the protection of human rights
defenders. Furthermore, they called the European Commission Delegation
and the European Union member state embassies to follow the case. (BIA,
Tolga KORKUT, 11 November 2009)

Female rights defenders, lesbians, gays, bisexuals, transvestites and
transsexuals (LGBTT) took part in a cross-national protest action for
physical and fertility rights in Istanbul together with demonstrators
protesting at the same time in Bangladesh, Indonesia, Palestine,
Cyprus, Malaysia, Egypt, Pakistan, Sudan and Tunisia.

Non-governmental organizations and activists participated in the
protest action "A Joint Struggle - Altogether" organized by the
Coalition for Sexual and Physical Rights in Muslim Societies. Attention
was drawn to murders committed by men under the pretence of honour
killings and to practices such as circumcision for women. The
protestors demanded to lift discriminating laws considering stoning and
flogging and highlighted topics such as LGBTT rights and sex education.

The protest action in Turkey was organized by the Feminist Collective
and the LGBTT Rights Platform with support from the TCK Women Platform
and the Platform against Sexual Violence. Reduced sentences because of
unjust provocations granted by law courts were also on top of the
agenda.

About 100 people had gathered on Taksim Square in the evening of 9
November at 7.30 pm, the same time demonstrators came together in the
other countries mentioned. The event started with a performance of the
'Boyalı Kuş' Theatre ('Painted Bird').

* Click here to view the performance.

"Injustice protects murderers"

After the performance Begüm Başdaş read out the opening
declaration.

"The courts enforce article 29 of the Turkish Criminal Code on 'unjust
provocation' to protect our murderers", Başdaş argued. She criticized
the application of reduced sentences under the pretence of unjust
provocation for murders committed because of "coquettish" talk,
dressing in tights or jeans, refusing sex with the partner and
proposing same-sex relationships.

"These practices and the decline of women organizations' applications
made in the context of the struggle against them show the political
element of women murders. This judiciary and this state are entirely
male-dominated! Reduction of sentences for LGBTT murders and thus
excusing these hatred driven murders is another sign of this
male-dominated judiciary", Başdaş indicated.

After shouting slogans and singing protest songs, the group of
demonstrators marched down from Taksim Square along Istanbul's popular
Istiklal Avenue, accompanied by the actors from the 'Boyalı Kuş'
Theatre. (BIA, Bawer CAKIR, 11 November 2009)

Human Rights Association (IHD) Istanbul chair person of the time Leman
Yurtsever has been condemned for insulting Ali Suat Ertosun who was the
director of Prisons in 2000 during the military operations against
prisoners who resisted F-type isolation cells by going on hunger
strikes.

Ankara Criminal Court num.27 Judge Mehmet Tuğrul Türksoy increased
the
3 months prison sentence by fifteen days due to her force of intention.

Yurtsever is condemned for sending a “Human Rights Shame Document” to
Ertosun in 2003. Yurtsever will appeal.

Executive members of IHD at the time Kiraz
Biçici, Doğan Genç, Eren Keskin, Gülseren Yoleri and
Oya Ersoy stood
trial for protesting the same incident and received prison sentences
which were then commuted to 1963 TL fine.

In December 2000 there were military operations in 28 prisons against
the prisoners who were on hunger strike against isolation cells 28
prisoners and 2 soldiers were killed during the operations. The
operations were named "Return to Life "and protested intensely by
rights organisations. Those in charge at the time have never been on
trial. Ertosun was promoted to the Appeal Court and received a State
Medal in 2004. He then became a member of Judges and Prosecutors Higher
Board.

Ertosun's name was heard again as he tried to suspend the prosecutors
and Judges who run Ergenekon investigation this year. The government
resisted the attempt. In the meanwhile Ertosun's pictures with
Ergenekon suspects appeared in the newspapers.

The court applied former Turkish Penal Code since it is in favour of
the accused. 2005 dated new TPC carries a minimum of 1 year prison
sentence for insulting a public official. The court increased her
sentence by 15 days for the force of her intention but postponed the
execution station that “she would abstain from committing this crime
again.” Yurtsever has been asked to pay 400 of fine as well.

Yurtsever said "The document we sent to Ertosun was a protest. I used
my right to criticise. Condemning protesters once again reveals whom
the laws protect in Turkey." (antenna-tr.org, November 10, 2009)

Indictment against 5 university students lacks
nothing

5 students of Middle East Technical University (ODTÜ) and
Hacettepe
University have been in prison for five months. Students are members of
Socialist Youth Association. Five students will appear in Ankara High
Criminal Court number 11on 6 November, for the first time after five
months being kept on remand. The indictment against Fatih Seçkin
Şiş,
Kamer Doğan, İlhan Arslan, Tuba Mumcu and Barın Kaya omitted nothing.
One of the charges is writing “Revolution”.

Yusuf Aslan, Hüseyin İnan and Taylan Özgür youth leaders
of 1968
movement wrote “Revolution” in the stadium at ODTU campus which has
become a symbol of the university. ODTÜ students continue that
tradition and write “Revolution” by candles during their annual Spring
Festival every year.

Five youth are charged over things including taking part in a press
gathering and a rally, trade union activity, selling newspapers,
visiting prisoners, using the right to keep silent and demanding
education in mother tongue.

The most interesting piece of evidence the prosecutor has is a kite.
Hammer and sickle on the kite is a popular symbol on the left but the
prosecutor considered as an emblem of an organisation.

The prosecutor claimed that the students acted in the same manner while
under arrest, they went on hunger strike for the same reasons, and
chanted similar slogans which showed that they were members of an
organisation.

ODTU students had captured a man in January 2009 who had been secretly
taking their pictures. The man had an ID card for Şeyhmus Çelik
and a
document for petty officer Suat Yılmaz on him. The document had the
signature of Gendarme deputy Commander Colonel İbrahim Ertaş.

Students seized the man’s mobile phone and found their phone numbers
and their pictures in it. Shortly after there was a message on the
phone reading 'students opened a stand are you going?' He also had
numerous phone numbers of officers in his phone.

The incident was recorded at the presence of Rectorship deputy
secretary Tanju Mehmetoğlu and it was noted that the guy was a member
of “intelligence”. (antenna-tr.org, November 10, 2009)10
years and 5 months prison sentence for demonstrating

A goldsmith in Urfa-Suruç Sabri Şahin has been condemned for
taking
part in “Birthday March” for Abdullah Ocalan on 4 April.
Şahin
refused the charge and asked Diyarbakır High Criminal Court num.6 to
acquit him. The court condemned Şahin to 10 years and 5 months prison
sentence for “violating Law 2911 on Demonstrations" and "committing
crime on behalf of the organisation while being a non-member."

TUHAD-FED organised a march to celebrate the sixtieth birthday of
Öcalan in Amara village of Urfa's Halfeti district on 4 April
2009.
Gendarme intervened. Mahsum Karaoğlan and Mustafa Dağ were killed.
Numerous investigations have been filed on demonstrators.
(antenna-tr.org, November 10, 2009)

Turkey's
ONGs Against Al-Bashir's Presence in
Istanbul

Through the media we have learned that Sudanese President Omer Hassan
al-Bashir, against whom the International Criminal Court (the Court)
has issued an arrest warrant, is planning to participate in the meeting
of the Organisation of the Islamic Conference in Istanbul on 9 November
2009.

The arrest warrant lists several counts of war crimes and crimes
against humanity allegedly perpetrated by Sudanese President Omer
Hassan al-Bashir. Bashir, against whom the Court issued an arrest
warrant on 4 March 2009, has repeatedly declared that he will not
comply with the Court’s decision and thus has been on the run from
international justice since March 2009.

Until today 110 countries have ratified the Rome Statute establishing
the International Criminal Court, and the latest country ratifying the
Rome Statute in July 2009 was the Czech Republic. Turkey has not yet
ratified the Rome Statute. However, according to Article 13 of the
Turkish Criminal Code, Turkey has accepted universal jurisdiction for
certain crimes, such as crimes against humanity or genocide.
Consequently, it is possible to put Bashir on trial for the alleged
crimes in Turkey.

After the issuance of the arrest warrant Bashir has visited seven
countries, namely Eritrea, Egypt, Libya, Qatar, Saudi Arabia, Ethiopia,
and Zimbabwe, none of which are State Parties to the Court. Although,
the African Union rejects the Court’s decision and has tried to
influence all states to not comply with it, Botswana and South Africa
as well as non-African nations such as Brazil have so far declared that
they would arrest Bashir in case he should enter any of their
territories.

It is unacceptable that a Prime Minister who said in Davos that
applauding those who killed children in the Gaza Strip is a crime
against humanity, and government officials who speak of international
justice at the United Nations and other international forums, should
host a person who is avoiding facing international justice for the war
crimes and crimes against humanity committed in Darfur.

Turkey should not permit Sudanese President Omar al-Bashir to
participate in the meeting of the Organisation of the Islamic
Conference in Turkey, but hand him over to the International Criminal
Court if he should enter Turkey!

President Abdullah Gül on Friday pardoned convicted
left-wing
militant
Güler Zere, who has been diagnosed with terminal cancer and whose
case
has generated fierce public debate while she waited for the state to
revoke or pardon her penalty. On this decision, Zere was released from
the prisoners' ward of Çukurova Balcalı Hospital in the southern
province of Adana.

At about 10:00 pm (Turkish time), with a mask covering the mouth and
the nose, Zere went out together with her family
and her lawyer Taylan Tanay. She will be transferred to-morrow by plane
towards the university hospital of Capa in Istanbul.

Zere, who suffers from terminal oral cancer, has been serving a 34-year
sentence for membership in the Revolutionary People’s Liberation
Party/Front, or DHKP/C.

In an interview with broadcaster CNNTürk on Friday, Zere's lawyer
Taylan Tanay said they wish the pardon had come earlier and that they
had been waiting for the decision all day.

"She told me, 'Three months ago, I might have had an opportunity to
become healthy again, but now I only have the opportunity to die
outside of prison," Tanay said in the interview.

According to reports by CNNTürk, Gül granted the amnesty
because Zere's condition was incurable.

“With the information I received, I have been informed that it is a
serious illness,” a state of health where it is not an option for her
to remain in prison any longer, Gül said. “At this point, of
course, I
will use my conscience to evaluate the request.”

Zere was diagnosed with cancer last year and applied for a reprieve.
Although the Çukurova University Forensic Medicine Institution
and the
Turkish Medical Association, or TTB, concluded that she could be
treated neither in jail nor in a hospital ward dedicated to prisoners,
she was not released.

The TTB recently announced that her cancer had become terminal.

The other people pardoned included Nurettin Ateş, who is paralyzed;
Şirin Aydın, who is paralyzed on the left side of her body and cannot
stand up alone; and Fehmi Akar, who also has physical health problems.
(November 6, 2009)

ATK
issued report allowing Zere's release from jail

A report fulfilling the requirements for the release from prison of
cancer patient Güler Zere, who is serving time on charges of
membership
in a terrorist organization, has been issued by the Forensic Medicine
Council (ATK) after a delay of nearly three months, a step expected to
pave the way for her release.

The first news of the change in Zere’s status came not from the
interior or justice ministers but from Foreign Minister Ahmet
Davutoğlu. Davutoğlu has reportedly been closely following Zere’s case
and paid a call to her father yesterday to give him the news of the
report’s release. Listening to the Zere family’s grievances and their
request that their daughter be released immediately, Davutoğlu stated
that the matter would again be brought up with the president but
recalled that the final say in the case rested in the hands of
President Abdullah Gül alone.

The ATK was supposed to release its decision on the Zere case on Aug.
27. Over the past week, many protests and sit-ins in support of Zere
and against the ATK were organized in İstanbul, Elazığ, Hatay, Adana,
Malatya and Antalya, many of them in front of provincial headquarters
of Turkey’s ruling Justice and Development Party (AK Party). Protestors
noted that the ATK is subordinate to the Justice Ministry, asking why
the justice minister had not consulted with the ATK over the delay.

Justice Minister Sadullah Ergin also made a statement yesterday
morning, saying the report regarding Zere’s possible amnesty had been
completed on Wednesday night and conveyed by courier to the Elbistan
Prison where Zere is interned and would in all likelihood reach the
Çankaya Presidential Palace yesterday, also dispatched by
courier.

ATK President Dr. Haluk İnce, speaking to NTV yesterday, said the
report on Zere would be sent to the presidency for consideration of a
pardon from prison. “The evaluations [leading up to the report’s
publishing] show that the patient’s illness has advanced and that there
is no chance for recovery. This report will be sent to President
Abdullah Gül for consideration pursuant to the presidential pardon
process,” he said. İnce also commented on Zere’s condition in the
process leading up to the report’s release, asserting that she had
received the best of medical care thanks to the efforts of the ATK and
the Çukurova University Medical School Hospital. “Everything
necessary
was done for this patient at each and every treatment phase. … She was
in no way under prison-like conditions,” he said.

The ATK chief also said the report had been prepared in an expeditious
fashion, not delayed unnecessarily as Zere supporters have alleged. “We
only did one thing here: We released the report and had it signed off
by the appropriate authorities in a very quick manner. Political
pressure or concerns did not have any effect on this report nor was its
production a priority out of such considerations. … Nearly 85 days ago
a [Zere supporter’s] tent was set up outside our institution [the
İstanbul ATK], and all of our employees have been harassed in one way
or another. If we just issued a report upon the demand of everyone that
set up a tent, what meaning would our medical identity have left?” he
said.

As of yesterday afternoon, supporters of Zere expressed bittersweet
satisfaction with the report, while insisting that had Zere been
released three months ago there would have been a possibility of her
recovering with the aid of family and friends inspiring in her a will
to live.

Zere’s lawyer, Oya Aslan, has announced that the prisoner’s legal team
put in a request yesterday that instead of being granted a presidential
pardon that Zere’s prison sentence be delayed until her medical
condition improves, a demand that would have paved the way for Zere’s
immediate release. But prosecutors in Elbistan rejected the request,
drawing criticism from Aslan who said the prosecutors are to be blamed
if Zere dies while waiting for a presidential pardon. A group gathered
outside the İstanbul ATK late yesterday afternoon demanding that Zere
be released immediately, seeing how the ATK report had yet to result in
the woman’s discharge from prison. (todayszaman.com, 6 November 2009)

Calls to release prisoner Zere intensify as she nears
death

A group of people, some of whom were wearing burial shrouds, protested
in support of Zere and against the ATK in front of the AK Party’s
İstanbul headquarters. As the medical condition of Güler Zere
continues
to deteriorate, calls for the inmate’s release from prison have
intensified. Zere has been imprisoned for 14 years for being a member
of the far-left terrorist Revolutionary People’s Liberation Party/Front
(DHKP/C).

She suffers from cancer in her mouth and neck and has already had her
palate removed due to her condition. Supporters of the stage-four
cancer patient have in recent days increased their calls for her
release so that she can spend the last days of her life with her family.

It is said that Zere, currently being held at a room at the
Çukurova
University Medical School Hospital in a section reserved for prisoners,
is approaching the end of her life, and the Council of Forensic
Medicine (ATK) is 81 days late in issuing a medical report that could
ensure her release to her family to live out her last days. Despite
reports issued by the Turkish Physicians Union and the Cancer
Information Council asserting that Zere requires treatment that can
only be provided outside of a prison situation, there is still no word
from the ATK on when it will release its own report or what the delay
has been.

Speaking to the press, Zere’s uncle Yetkin Zariş said: “They’ll release
her a day or two before her death so that it doesn’t affect the
statistics on the number of inmates who die in prison. Then they’ll say
she didn’t die in jail. She’s in horrible condition, she’s at the last
stage of her illness; her body is rejecting nutrition. We want her to
be released immediately.”

Zere’s attorney, Taylan Talay, criticized the ATK’s lack of action,
saying that there was no rhyme nor reason to what they were doing.
“What a shame that in these 81 days of waiting Güler Zere’s
illness has
progressed to the terminal stage,” he said.

A number of NGOs have appealed to President Abdullah Gül on the
issue.
Speaking this week to Turkish journalists in Slovakia, where he was
traveling on an official visit, the president addressed the calls for
him to issue a pardon, saying: “I could not be indifferent on this
issue, but because she herself has not filed an appeal, I can’t begin
that process [to pardon her].” He said that he had considered the NGOs’
requests and that if Zere submitted an appeal he would be able to begin
the process for an appeal -- but he noted that it was also required
that the ATK send him a medical report through the Justice Ministry in
order for such a decision to be made. He also noted that in the past
some pardoned members of terrorist groups had later been caught
participating in attacks on Turkish security forces.

The ATK was supposed to release its decision on the Zere case on Aug.
27. If it fails to do so by the time Zere’s treatment ceases because
her death is imminent, she will be sent back to prison to die.
Protestors have noted that the ATK is subordinate to the Justice
Ministry, asking why the justice minister has not consulted with the
ATK over the delay and why the president has not inquired into the
delay himself.

Over the past week, protests and sit-ins in support of Zere and against
the ATK have been organized in İstanbul, Elazığ, Hatay, Adana, Malatya
and Antalya, many of them in front of the provincial headquarters of
Turkey’s ruling Justice and Development Party (AK Party).
(todayszaman.com, Nov 4, 2009)Theatre Actors call for Justice for Children in
Detention

Theatre actors Halil Ergün, Sumru Yavrucuk, Kenan Işık,
Ayça Damgacı,
Ayşenil Şamloğlu and Nedim Saban came together to draw attention to
children kept in detention under the Anti-Terror Law (TMK). The actors
read stories and sang songs for the children, demanding justice for the
children in detention.

The event was organized by the Justice for Children Group. After the
opening speech made by Nedim Saban, lawyer Mehmet Uçum informed
the
audience about the chidren's situations.

Paedagogue Esen Acarer argued, "Children in prisons have communication
problems. The chidren have to be treated as children, regardless of
their race, religion, social status or ideology".

Actor Yavrycuk warned, "The children are prosecuted like adults and
receive long prison sentences. There is no way that they meet this
world with an positive attitude after their release".

Samlıoğlu called for action, "A joint movement is very useful in this
context. We have to pave the way for the children. It is our
responsibilty to protect and watch them diligently. We have to
reckognize the children's right to life. It is too sad that children
are prosecuted under absurd charges. They must not be punished out of
ratio".

Actor Turgay Tanülkü who grew up in prison shared his
memories of the prison with the audience.

The actors read passages from books such as "Iron Game" or "The Diary
of Anne Frank".

When the actors sang songs to the children, Saban also distributed
sweets to the particiants. (BIA, Çağla AĞIRGÖL, 4 November
2009)

Sanar Yurdatapan: A Sad Picture - 12 September is not
over

I had to watch Turkey from outside during 12 September period.

Contrast between what looked from outside and what was discussed inside
was saddening.

Reading the newspapers and column articles I kept is still embarrassing
today.

It was like that then but is it so different today?

Just have a look at the three reports in this bulletin:

1. First news: Original of a document
prepared in the office of
the Chief of General Staff about plans to overthrow Erdoğan appears.
The chief of staff had commented as a copy of it appeared in the media
“That is a photocopy it is not original hence it is just a piece of
paper”. Now the original is in the hands of the prosecutors but the
chief of staff is still in his chair. And he says “Who leaked it,
prosecutors should find that out” … (presumably he means military
prosecutors)

…what is being discussed by newspapers and TV channels? Who will
investigate this issue, “military courts” or “civil courts”?.. As if
having two heads of for justice system was something normal or was fate!

2. Now let’s look at the last report:
Appeal Court decided that
writing a newspaper article arguing “Let us finish off 5 of them for
every soldier we lose” (them meaning DTP members) and publishing a list
of them who are to be finished off “is not a crime and there is no need
for an investigation”. Do we need to wait for murders to take place to
apply article 216 of TPC (former TPC 312) on incitement? If the
judiciary did its job when similar threats were made outside AGOS
newspaper’s office beloved Hrant could have been alive today. Is his
blood only on the hands of the killers?

3. … and next is our third report: DTP MP
Aysel Tuğluk was tried
on condemned to prison sentence about a public speech. That means “the
legal immunity of MPs” applies to ordinary crimes but not when it is
about ideas that are not favoured by the state.

Conclusion: In Turkey security forces and especially the army has a
privilege of committing crime nobody can touch them. Those who defend
ideas that are not favoured by the state can be tied and put in prison
even if they are Members of the Parliament. It is even free to write
that they should be killed encouraging people to do so, that passes as
“freedom of expression”.

12 September is not over. Turkey is still as in Nasreddin’s story “a
village where rocks are tied down and dogs are free” and the sultan of
that village is still naked!

Şanar Yurdatapan, October 31, 2009, Istanbul

(Note:
Appeal Court Chamber 8 made a statement after news reports on that
issue and reports about “10 months for distributing a newspaper but
inciting murder is allowed”. The statement said “Appeal period to
object to a court decision is 2 weeks. However the appeal application
was filed 6 months and 26 days later, hence the application was
rejected without examining the contents.” Now it is okay by the book …
or is it? What do you thing happened to the credibility and and
confidence the justice system has to have?)

A Decision
of Disgrace: IHD Official Sentenced

For criticising isolation in prisons the judiciary punished a human
rights defender with imprisonment.

Former Human Rights Foundation (İHD) Istanbul manager Leman Yurtsever
was convicted in the case on insult opened by Ali Suat Ertosun. Ertosun
was Prisons and Arrest Stations General Director in 2000 when the
police violently ended the "death fasts" of hundreds of political
prisoners, called the "return to life" operation. The Prisoners had
protested against a transfer from large wardens to F-type cells with
only 3 or 4 prisoners.

On 2 November Judge Mehmet Tuğrul Türksoy from the Ankara 27th
Criminal
Court of First Instance decreed for a prison sentence of 3 months and
15 days, reasoning that because of "severe wilful intent" the
punishment exceeds the minimum limit of 3 months.

Yurtsever was tried because he sent a "Human Rights Disgrace
Certificate" to Ertosun in 2003. He told bianet, "I think the decision
is wrong and I will file an appeal".

Former İHD officials Kiraz Biçici, Doğan Genç, Eren
Keskin, Gülseren
Yoleri and Oya Ersoy were also tried and sentenced on the grounds of
the same protest action. However, their prison sentences were commuted
to a fine of 1963 Turkish Lira (€ 900).

Ertosun on the forefront of judiciary

During the "return to life" operation on 19 December 2000 28 prisoners
and 2 soldiers were killed in 28 prisons. Turkey was harshly criticised
by international rights organizations for serious rights violations.
Nevertheless, officials of the time were not prosecuted on grounds of
the operation. Ertosun was promoted later on and became a member of the
Supreme Court. In 2004 he was awarded the Medal for Excellent State
Service. After this he was appointed to the Supreme Council of Judges
and Prosecutors (HSYK).

Ertosun's name came up on the agenda in the context of this year's
judges and prosecutors appointments when he proposed to depose
prosecutors and judges concerned with the Ergenekon investigation from
duty. When the process was blocked because the government was against
this proposal, photos of Ertosun meeting with Ergenekon defendants
appeared in the news meanwhile. Ertosun defended himself in a press
conference and also expressed his affirmation about the "return to
life" operation.

Yurtsever reacts

In the case against Yurtsever the court applied the old version of the
Turkish Criminal Code (TCK) in favour of the defendant. The new TCK
enforced in 2005 foresees prison sentence of at least 1 year for
insulting a public official. Even though the court increased
Yurtsever's punishment because "he wilfully intended the insult", the
sentence was suspended since the court anticipated that the defendant
would "hesitate to commit another criminal offence". Yurtsever is going
to pay a fine of TL 400 (€ 180).

Yurtsever had been arrested in March in Diyarbakır when he came to vote
for the local elections. Yurtsever said, "I got to know then that a
warrant of arrest was issued for me".

"I filed a case for compensation because my arrest was unjust. The case
is adjourned to March 2010. While I am waiting for compensation I
received a prison sentence".

Yurtsever continues, "The document I sent to Ertosun was a protest. I
made use of my right of criticism. The fact that the protestor is
punished shows once more who is protected by the Turkish law".
(BIA,Bawer ÇAKIR, 3 November 2009)

71 years old man sentenced for clapping hands during
funeral

71 years old Mehmet Çiçek was at the funeral of Adnan
Donuk who was
killed during a confrontation with soldiers in Hakkari’s Yüksekova
borough in February. His funeral was held in Urfa's Suruç
borough. 71
years old Mehmet Çiçek has been condemned for applauding
the illegal
slogans chanted during the funeral and was given 1 year prison sentence
for “making propaganda of a terrorist organisation."

Diyarbakır High Criminal Court decided that Çiçek’s
applauding as "an
act of inviting violence and hatred". Mehmet Çiçek's
sentence was
reduced to 10 months but was not postponed. Çiçek’s
lawyer will appeal.
(freex@superonline.com, Nov 2, 2009)Appeal
Court deems statements calling for violence as ‘freedom of expression’

Columnist of a local paper “Bolu Expres” Işın Erşen’s article on 7
October 2007 following the killing of 13 soldiers in Gabar Mountain was
entitled “Turk you have your enemy before you” listed the names
of DTP
MPs, executive members and mayors and said:

Turkish nation these are your enemies. They will become targets of
‘civilian patriots’ as enemies of Turks unless they state ’PKK is a
separatist terrorist organisation, and its members are traitors’.
Instead of going after the terrorist in mountains who set up ambushes
it is necessary to clean off few germs and to say “from now one from us
five from you, what do you want, stop or continue”. Surely there are
patriots who can say and do that. Public desire is intensely in that
direction. It is the desire of our society that from now on one of them
shares the same fate for every security member we lose. It is time to
cut off the organ with gangrene.”

DTP’s Group Deputy Chair Selahattin Demirtaş applied to Bolu Public
Prosecution Service. Prosecutor investigated the article for “inciting
hatred and hostility” but dismissed it. DTP appealed to Düzce High
Criminal Court but that was rejected too. Former Justice Minister and
Chair of the Parliament Mehmet Ali Şahin carried the case to Appeal
Court asking it to reverse the decision. Şahin’s application argued
that the article could not be considered in the limits of freedom of
expression.

Appeal Court’s Penal Chamber 8 made its decision on 30 September
stating that lower court’s decision was appropriate. This will be final
unless the Prosecutor of the Appeal Court takes the case to Appeal
Court Penal Assembly. (freex@superonline.com, Nov 2, 2009)Saying
'Disperse Counter-Guerrilla' is crime!

Aydın city chair of “Emek Partisi” (Labour Party-EMEP) Abdurrahman
Saran faced a case for putting up posters “Disperse counter-guerrilla”.
The case is based on election bans.

Police officers stood as witness at fist hearing. Judge of Criminal
Court number 1 asked strange questions like “is there a party named
Labour Party?”

Conflicting statements

Police officer Avni Kont made conflicting statements. Kont had said in
his fist statement that he had not seen Saran putting up posters but
told the court he saw him putting up posters.

Saran told the court that Prime Minister Erdoğan’s posters were put up
on the same day. The next hearing is on 9 December 2009.
(freex@superonline.com, Nov 2, 2009)

Oya Aslan, lawyer of the political prisoner, reported to bianet: "The
Forensic Medicine Institute, the Ministry of Justice, the Public
Prosecutor's Office and the Elbistan Prosecutor's office are directly
responsible for this bad result because they are delaying Zere's
appointment for a report about her situation.

Aslan summarized Zere's health condition as follows:

Zere finished radio therapy on 3 September. When the doctors carried
out several tests to check if she had responded to the therapy, they
determined aberrant cells on the right side of her neck. These cells
were determined as malignant cancer cells.

Due to the probability of proliferation Zere underwent immediate
surgery on 12 October and the right-hand side of her neck was removed.

The doctors said chemo therapy would be started after the swelling and
bruises on Zere's neck as after-effects of the surgery were healed.
However, after the blood test results the doctors informed Zere's
family that she might not survive such a treatment and that the chemo
therapy would not be started.

Güler Zere started to develop open sores in her mouth. She cannot
eat
solid foods because of this and the doctors are thinking of supporting
her on liquids. They started to feed her on concentrated vitamins, yet
Zere started to throw up. This time the doctors decided to subsist her
on serum.

Aslan reports, "At that time Zere had bowel problems and suffered from
severe diarrhoea. This furthermore increased the probability of her
body to recover in order to improve the blood test results needed for
the start of the chemo therapy".

"Her health condition is currently being monitored. If she recovers and
her body regains a little bit of strength, chemo therapy will be
started. The doctors are not able to determine to which extend the
cancer has spread over Zere's body though".
Prosecutor hampers companionship

Lawyer Aslan emphasizes, "Zere needs moral support to recover, but we
have also experienced problems for an attendant. We have difficulty for
keeping alternating attendants for her for 3-day periods. The
prosecutor insisted for the attendants not to be involved into any
court case. Yet, in the meantime the same prosecutor expanded his
demand for attendants who have not been arrested before. If we cannot
hand a list of people to the prosecutor, there will be nobody
accompanying Zere".

Aslan indicates, "Zere is kept in a room with lights on 24 hours. This
situation is absolutely nerve wrecking for her. The Forensic Medicine
Institute Board will meet on 5 November and want a radiotherapy report
from Zere for 3 November. If this report is not prepared in time, this
meeting can be postponed once more".

33
Journalists and Writers in Turkish Prisons during
Sacrifice Holiday

The Solidarity Platform of Imprisoned Journalists (TGDP) reminds that
33 journalists and writers were still in the prisons as the country is
going to celebrate Sacrifice Holiday. TGDP calls all to visit them in
prison or to send them the messages of sympathy and solidarity.

The below list indicates the names of 33 prisoners with the mention of
the media for which they had worked and the prison where they are kept:

Milliyet daily reporter Namık Durukan and responsible editor Hasan
Çakalkurt has been on trial at Istanbul High Criminal Court
number 10
for reporting a statement by a leading PKK member Duran Kalkan.
Prosecutor proposed a pre-paid fine in order to get the case dismissed.
However the court did not make a decision on that and instead decided
to receive the statement of Namık Durukan at the second hearing on 10
November.

ATL will hurt people as long as it is implemented

Istanbul Public Prosecutor Hakan Karaali wanted Durukan and
Çakalkurt
to be punished for “making propaganda for a terrorist organisation” in
his 30 July dated indictment. Prosecutor wants the journalists to be
condemned under article 7/2 of Anti-Terror Law “making propaganda of a
terrorist organisation” carrying prison sentences from 1.5 years to 7.5
years.

Prosecutor wanted Durukan and Çakkalkurt to be barred from their
civil rights as well.
On 12 August the court began trying Durukan for reporting the statement
of Kalkan and Çakalkurt for publishing it on 24 June 2009 dated
issue.

Case over the statement of "Guerrilla will not give up arms"

Number two of PKK, Duran Kalkan had said that the organisations would
not give up arms if there were a general amnesty but they would act
responsibly, he answered the claim of “authorities are talking with the
PKK” by saying "Neither yes nor no". Kalkan commented on the statement
of CHP leader Deniz Baykal 'general amnesty may be considered if they
give up arms' by saying "Solving Kurdish problem is not a matter of
general amnesty. Kurdish people and PKK do not believe that there is a
matter to be forgiven. However if they include freeing Apo then PKK
would consider not giving up arms but declaring ceasefire, guerrilla
would not give up arms". (antenna-tr.org, November 24, 2009)

Yurdatapan: " Do we always have to swallow our
spit?"

If
I spit down I’ll hit my beard, if I spit up I’ll hit my moustache,If you spit on it is 301!Do we always have to swallow
our spit? (1)

We constantly end up having to watch the same play. That is what
happened this week as well.

An investigation was launched against the Judge of Sincan who had the
office of Telecommunications Department (TİK) raided and the chairman
of Judges and Prosecutors Union (Yarsav) with the demand of barring
from profession.(2) While the discussion went on it was reported that
the telephones (the whole switchboard) of the Appeal Court and Istanbul
Public Prosecution Service were tapped with court order.

On the one hand it is repeated that Judges and Prosecutors Higher Board
needs to be independent from the Ministry of Justice – and the judicial
system needs to be independent from the executive in general- but on
the other hand the judiciary says they serve not the law but the State
(it seems that the state is above all the three powers we know).(3)

Lieutenant Colonel Çiçek at last made it to the
prosecutor to make a
deposition and he was arrested but then he got released. Members of the
judiciary are in fight among themselves. (4)

While the whole forest is on fire it maybe strange to talk about single
trees but we have to do it. Since those single trees make up the forest
after all.

(2): Kaçmaz a Judge at
Ankara
Sincan High Criminal Court, reported crime about President Gül
arguing
that Gül needed to be put in prison.

(3): TESEV (Foundation for
Economic and Social Studies of Turkey) In one of TESEV’s research
(Perceptions and Mentality Structures – Institutions) most of the
judges and prosecutors declared that they would rather defend the State
than the “Law” in the case of a threat against the State.

(4): When Taraf
newspaper
reported that the Chief Office of the army had a plan prepared to
“Finish off AKP” as a psychological operation controversy began. The
related document had Lieutenant Colonel Çiçek’s
signature. Çiçek was
arrested but released after few hours. The chief of staff held a press
conference with 35 generals and said “This document is a photocopy;
from a legal point of view it is nothing but a piece of paper.” However
shortly after that the authentic document was received by the
prosecutors turning the whole thing into scandal. There was an
information letter attached to the original document. The letter said
that 35 computer hard disk at the Chief Office of the Army were deleted
many times in order to destroy the document and all traces about it.
Prosecutors wanted numerous soldiers to make formal depositions.
Colonel Çiçek did not respond for some time. And he was
arrested when
he did but he was released again. The Chief of Staff kept silent but he
did not resign. The incident exposed the division in the judiciary
while one section is trying to uncover what happened the other section
is trying to stop that with the motivation of protecting the state.
(antenna-tr.org, November 24, 2009)

Prosecutor Pleaded for the Acquittal of
Zarakolu and Güler

Prosecutor Çavuşoğlu from the Istanbul 10th High Criminal Court
pleaded
for the acquittal of publisher Zarakolu and writer Güler. The
defendants were facing prison sentences under allegations of "spreading
PKK propaganda" on behalf of a character in a novel.

Publisher Ragıp Zarakolu stated in yesterday's (19 November) hearing,
"As the chairman of the of the Committee of Freedom of Expression and
Publishing and as a publisher I cannot do censorship". Zarakolu is
tried under charges of "spreading propaganda for the PKK organization"
because of the book "More difficult decisions than death"
('Ölümden Zor
Kararlar') published by Belge Publishing in March this year.

In yesterday's 2nd hearing of the trial before the Istanbul 10th High
Criminal Court publisher Zarkolu and writer N. Mehmet Güler
presented
their defence. Their lawyer Özcan Kılıç also attended the
session.

Zarakolu: I'd like to believe that I will be acquitted

Both un-detained defendants are facing prison sentences based on
article 7/2 of the Anti-Terror Law (TMY) because characters of the book
are called "Sıti", "Sabri" and "Şiyar".

Zarakolu has been chairman of the Turkey Publishers Association (TYB)
Committee for Freedom of Publishing for 15 years. He stated, "The novel
plays in historical period Turkey lived through. There are similar
examples in world literature. Ernest Hemingway's "For Whom the Bell
Tolls" for instance deals with the Spanish civil war. We published the
story of a literal character. I want to believe that this trial will
result in our acquittal just as other trials about similar books in the
past have done. The Anti-Terror Law should be amended to lift the
publisher's responsibility", Zarakolu claimed.

Prosecutor Çavuşoğlu pleaded for acquittal

In the prosecution's final speech prosecutor Mustafa Çavuşoğlu
advanced
the view that "no legal elements of crime occurred". He demanded the
acquittal of Zarakolu and Güler.

President Judge Zafer Başkurt reviewed the file and decided to postpone
the case till 25 March 2010.

Zarakolu: This trial is the present for my 40th year in journalism!

Zarakolu stated that the pressure "has come as far as prosecuting the
heroes of a novel". The publisher said to bianet, "This trial is like a
present for my 40th year in journalism".

Güler emphasized that even though there are lots of troubles in
Turkey,
one has to confront reality. "I decided to deal with the problems in
literature because I think this is the best way to fix the social
trauma", Güler indicated.

Reason for the prosecution: prosecution in the novel!

Istanbul Public Prosecutor Hikmet Usta based his indictment of 22 May
on dialogues in the novel such as on page 39 in the context of a trial
against a PKK member, quoted as follows: "This court delegation has no
right to judge me. I fight for freedom. I do not recognize this court".
The court president's warning "Do not disrespect the court delegation!"
and similar passages of the novel are further subject to the indictment.

The prosecutor refers to 10 pages of the novel, claiming that the life
stories of the PKK members evoke sympathy for the organization and that
propaganda is spread that way. (BIA, Erol ÖNDEROĞLU, November 20,
2009)

Journalist Hacı Boğatekin was convicted by the Kahta Criminal Court of
First Instance in the south eastern province of Adıyaman to a 2 years 2
months and 7 days prison sentence because of "insult to public
officials". The insult consisted of the journalist's alleged accusation
of public officials, claiming that they tried to force his newspaper
'Gerger Fırat' out of business.

President Judge Ercan Kumhak decreed against mitigation and
postponement of the punishment on the grounds that the journalist
supposedly did not show any regret and attempted to prolong the trial.

Excuse not taken into account because of "lack of commitment"

Besides, Boğatekin had sent a letter to the court prior to the hearing,
excusing his absence: "I will not be able to attend the hearing because
of .a throat disease. The court should issue invitations to my lawyers
Turgut Kazan, Fikret İlkiz and Celal Kızılkaya". The court did not take
Boğatekin's letter of apology into account because it showed a "lack of
commitment and did not specify who he was going to send".

After this, prosecutor Mesut Karaduman did not want to broaden his
investigation any further and headed for the final speech of the
prosecution. He demanded Boğatekin's conviction on the base of article
125/1-2-3 (a) of the Turkish Criminal Code.

Prison sentence handed down in defendant's absence

Hereupon, the court handed down the prison sentence to Boğatekin in his
and his lawyers' absence in the hearing on 27 October 2009. The
conviction includes a deprivation of the journalist's "parental right
and depriving him of any duty such as warding or fostering" until he
will be released from prison. Boğatekin was familiarized with the
proceedings after he returned from Istanbul, where he had received
medical treatment.

Journalist Boğatekin had previously been imprisoned for 109 days
because of accusing Gerger prosecutor Sadullah Ovacıklı of alleged
connections to Fethullah Gülen, self-imposed exiled leader of the
correspondent religious movement. Journalist and official of the
relating gergerim.com website Cumali Badur is still being tried in the
same context.

The news item subject to Boğatekin's latest conviction was published on
28 February 2008 under the title "Judge Thwarts Complot". The
journalist had stated that prosecutor Ovacılık, gendarmerie supervisor
Hakan Ragıp Yüceer and several police officers were about to
present
the organization of an illegal complot against the newspaper to the
Gerger District Administration. In secret meetings they allegedly
planned to force the newspaper out of business, Boğatekin wrote. (BIA,
Erol ÖNDEROĞLU, 19 November 2009)

61 Journalists Killed in Turkey In One Century

The Turkish Journalists Association (TGC) announced that in the last
100 years 61 journalists have been killed because of a hostile manner
and merely for the reason of their profession.

As the first victim TGC mentioned journalist Hasan Fehmi Bey who was
murdered on the Galata Bridge in the centre of Istanbul in 1909, saying
that ever since the press history of Turkey has been interspersed with
unforgettable moments of grief. Today (17 November) the association and
family members of the assassinated journalists will commemorate the
victims in a meeting.

TGC declared that the family members of 4 murdered journalist will
join: Nükhet İpekçi as the daughter of Millyet newspaper
editor Abdi
İpekçi who was killed in 1979; Ali Naki Kaftancıoğlu together
with his
wife Dr. Canan Katancıoğlu for his father Ümit Kaftancıoğlu who
was
murdered on 11 April 1980; and Meryem Türkmen whose younger sister
Metin Göktepe was assassinated on 8 January 1996 as a journalist
of
Evrensel newspaper. Additionally, Mehmet Emeç confirmed his
participation. His father Çetin Emeç, Hürriyet
newspaper editor at the
time, was killed on 7 March 1990.

The meeting will start at 5.00 pm with an opening speech of TGC
chairman Orhan Erinç. After that, authors Hıfzı Topuz and Nail
Güreli
will rise to speak. They wrote a book entitled "A bullet to freedom"
and will talk about their views of the matter. The meeting is going to
continue with contributions from the relatives of the murdered
journalists.

A documentary made by Günel Çantak, student of the
Radio-Television
Department in the Communications Faculty of the Isparta Süleyman
Demirel University, will also be shown.

TGC reported the names and work places of the murdered journalists
besides their place and date of death as follows:

In the context of investigations as important as the Ergenekon case the
Ministry of Justice announced that until the present day court cases
have been opened against 15 journalists on the grounds of "violating
the confidentiality of the investigation".

In the release made on 10 November the ministry declared that
correspondingly, the procedures regarding 33 public officials are at
the stage of "investigation".

Bakırköy Prosecutor's Office as the most "diligent" one

The ministry answered in writing to the criticism that the judiciary
remained "insensitive" on the topic of "violating the secrecy of the
investigation" regarding the Ergenekon investigation and other
important files. The Justice Ministry gave information about the
referring investigations being carried out in several district
attorneys in Istanbul: 447 investigations in the Eyüp Prosecutor's
Office, Bakırköy taking the lead with 2,455 investigations, 30 in
Üsküdar, 183 in Kadıköy, 423 in the Beyoğlu district
attorney and 522
investigations in the Istanbul Court House.

The ministry furthermore declared that since 31 July 2009 3,845
investigations have been launched in these district attorneys about
journalists. 358 trials are pending and 15 cases resulted in
convictions. In the end of the announcement it was also mentioned that
33 public officials are under investigation. (BIA, Erol ONDEROGLU, 13
November 2009)

Milliyet Daily on Trial for News about "Kurdish
Initiative"

The Istanbul 10th High Criminal Court prosecutes Milliyet newspaper
director Hasan Çakkalkurt because the nation-wide daily reported
about
an announcement of Kurdistan Workers' Party (PKK) executive Duran
Kalkan which he had made to Fırat News Agency (ANF). The prosecutor
requested to notify Çakkalkurt about a fine to be paid in
advance.

However, in the second hearing of the case on Tuesday (10 November),
the court did not take a decision in this respect. It was decreed that
the statement of journalist Durukan will be taken.

The news item was published in the daily's issue from 24 June 2009. The
case started in the absence of the defendants on 12 August.

No initiative on freedom of expression for the media

It is still a peril for the media to report about the problem while the
government is declaring that the solution of the Kurdish Initiative
lies in discussing all problems openly.

The Istanbul Public Attorney General has opened a case against the
newspaper that reported about PKK executive Duran Kalkan's announcement
entitled "Even a general amnesty will not make us put down our weapons".

After the statement of journalist Durkan will have been taken, a
monetary fine to be paid in advance can be brought up to the court's
agenda. In this case, there will be to options. The newspaper officials
can either prefer to pay a fine of 20,000 Turkish Lira (approximately €
9100) and have the case dropped. Or they can consider the news as a
requirement of the people's right to be informed and continue the case.

As long as TMY is in effect it causes suffering

In his indictment the Istanbul Public Prosecutor Hakan Karaali claims
prison sentences between 1.5 and 7.5 years for Durukan and Cakkalkurt
under charges of "spreading propaganda for a terror organization"
according to article 7/2 of the Anti-Terror Law (TMY).

The Prosecutor's Office furthermore demands to deprive Durukan and
Çakkalkurt from their rights to vote and to be elected plus
other
rights during the suggested prison sentence.

"Guerrilla does not put down its weapons"

Kalkan was quoted as saying, "The second man of the terror organization
Duran Kalkan says that in case of a general amnesty the organization
will not put down their weapons but they will commit to the
responsibility", he neither said yes nor no to the allegations put
forward in talks with the government. About Republican People's Party
(CHP) leader Deniz Baykal's announcement that 'in case they put their
weapon down a general amnesty could be possible', Kalkan said, "The
solution of the Kurdish question is not a question of general amnesty.
The Kurdish people does not consider such a situation for the PKK and
the guerilla. Even if a general amnesty would be granted also
anticipating freedom for Apo [imprisoned PKK leader Abdullah
Öcalan],
then the PKK would not put down their weapons but may consider
declaring a ceasefire, but not to put down weapons, the guerrilla does
not put down its weapons", Kalkan argued. (BIA, Erol ONDEROGLU, 13
November 2009)

3-Month
BIA Report: 190 People Sued for Their Opinions

The Independent Communication Network (BIA) Media Monitoring Board
released its 3rd quarterly Media Monitoring Report for July, August and
September 2009. The report reveals prosecution of 190 people, 74 of
them journalists, in 80 court cases foreseeing prison sentences or
compensation fines.

The Media Monitoring Report includes sections on "attacks and threats",
"detentions and arrests", "cases on press freedom and freedom of
expression", "amendments and seeking justice", "European Court of Human
Rights", "reactions to censorship" and "RTÜK applications".

Increase in penalties on "terror" and "incitement"

Concerning the "Kurdish Initiative" in particular, the report is
dominated by 2 kinds of charges. One is the prosecution under article
216 of the Turkish Criminal Code (TCK) on "inciting hatred and
hostility". The other one regards cases on the grounds of article 7 of
the Anti-Terror Law (TMY) on "spreading propaganda for an illegal
organization".

5 journalists out of a total of 12 people are prosecuted under article
216 of the TCK. Lawyer Eren Keskin, thespian Murat Batgi and author
Edip Polat were each sentenced to 1 year imprisonment for using the
term "Kurdistan". Dicle ('Tigris') News Agency (DİHA) journalists Ercan
Öksüz and Oktay Candemir received a 6 months prison sentence
each for
an interview with witnesses of the Zilan Massacre. In comparison,
during the same period of time in 2008 8 people were tried under
charges of article 216.

25 people were tried in the context of the TMY, among them 16
journalists. Prison sentences were handed to Former Democracy Party
(DEP) member Leyla Zana (1year 3 months), writer Orhan Miroğlu (2 years
4 month), and journalists Tayip Temel (1 year) and Rüştü
Demirkaya (1
year 10 months 15 days).

The Prime Ministry Board for the Protection of Young Ones from Harmful
Publications banned the novel "Third Class Women" by Anıl Alacaoğlu
published by Minima Publishing.

Sell Publications owner İrfan Sancı faces imprisonment in a trial under
charges of "spreading obscenity" because of his books "Peri's
Pendulum", "The Adventures of a Young Don Juan" and "Letters of a
Well-Mannered and Knowledgeable Bourgeois Women".

Internet censorship on the rise

Access to the video sharing site youtube.com has already been banned
for 1 ½ years. Now, access is also blocked to the social
networking
sites myspace.com and lastFM.com because or "precautionary measures".

Amendments of article 301 not applied to Miroğlu

Even though the investigation and prosecution under article 301 of the
TCK is dependent on the permission of the Ministry of Justice, this did
not help writer Orhan Miroğlu. The ministry allowed his prosecution.

During the third quarter of 2009 17 people are tried under article 301,
12 of them journalists. The Court of Appeals judged for the acquittal
of author Rahmi Yıldırım who had been tried for saying "The pashas are
the guardians of the capital system".

Where are the ones to hold responsible for murders?

The people responsible for the murders of Abdi İpekçi, Uğur
Mumcu,
Ahmet Taner Kışlalı and Hrant Dink committed throughout the last 30
years could still not be disclosed. As far as the Hrant Dink murder is
concerned, gendarmerie and police officials who were mentioned to be
responsible for the assassination are not included in the court case.

Journalists exposed to violence do not give up!

6 journalists from local media organs were attacked in the months of
July, August and September, namely Diya Yarayan, Durmuş Tuna, Yakup
Önal and Hacı Boğatekin. With their judicial struggles they try to
break the firm circle of impunity.

One journalist released from detention

Former Azadiya Welat newspaper editor-in-chief Vedat Kurşun is kept in
detention since January under allegations of "spreading PKK
propaganda", waiting in prison for his hearing on 2 December. İzmir
Democratic Radio publishing coordinator Nadiye Gürbüz was
released. She
had been accused for cooperating with the Marxist Leninist Communist
Party (MLKP).

In the case against the "Ergenekon terror organization", Cumhuriyet
newspaper Ankara correspondent Mustafa Balbay rejected the "Diaries".
Balbay is a detained defendant in the Ergenekon case under charges of
"attempting to change the constitutional order by armed force".

4 journalists from DİHA Agency are in prison. One of them is
Abdurrahaman Gök whose case under charges of "propaganda for an
illegal
organization" has started. Revolutionary Democracy magazine director
Erdal Güler is also accused for "propaganda for an illegal
organization" in several cases. If he is not convicted he will be
released in December.

The trial against gazetevatan.com publishing director Aylin Duruoğlu
and Revolutionary Movement Journal employee Mehmet Yeşiltepe starts on
23 February 2010. Both of them had been detained in the context of an
operation regarding the Revolutionary Headquarters Organization.
Journalist Ahmet Birsin from Gün TV is in prison since 14 April,
the
indictment has not yet been prepared.

Facing 61 years of imprisonment for "defamation"

46 people, 13 journalists among them, under allegations of "insult" and
"defamation" are facing a prison sentence of in total up to 76 years, 4
months and 20 days and fines of 1,186,610 TL (approximately € 540,000)
in compensations or judicial fines.

Star newspaper wirter Şamil Tayyar has to pay a fine of 2,610 TL (€
1,185) to un-detained Ergenekon Case defendant Güler
Kömürcü because of
alleged "insult". Tayyar was sentenced to 1 year and 6 months
imprisonment on the grounds of "publishing information about private
life and violating the confidentiality of privacy".

Adana Ekspres newspaper employee Sevda Turaçlar was tried
because of an
anecdote about President Abdullah Gül. She was convicted in the
first
hearing of the case, her sentence was postponed.

Slogans against Erdoğan at court

The Bursa 2nd Children's Court sentenced O.K. to 3 months and 26 days
of community service because s/he said "You are a light bulb, Tayyip".
13-year-old M.S.Ö. affronted Prime Minister Erdoğan by saying "May
god
give you trouble" during the prime minister's visit to the
south-western coast of Turkey. The Aydın Children's Court dropped the
case.

Şerafettin Gökdeniz, Sercan Bakır and Ekin Can Kınık from Labour
Youth
were acquitted. They had uttered the slogan "He was born in Istanbul,
he became American, murderer Bush's son Tayyip Erdoğan".

A few good news...

The European Court of Human Rights (ECHR) ruled that Turkey has to pay
€ 3,000 (TL 6,600) in compensation to Seyithan Demir. He was tried
under allegations of "separatism" since he said sentences like "We will
found Kurdistan" and "Special forces and soldiers kill our people and
innocent children".

o Children have been on trial for taking part in demonstrations on the
anniversary of the capture of PKK leader Abdulah Öcalan. Children
have
been charged with “committing crime on behalf of the organisation and
making propaganda”. Slogans chanted were: "PKK is people, people is
here ", "Biji serok Apo (Long live Apo)", "No to isolation Free Apo",
"Isolation is crime against humanity ","Roj piroze, agir dişevtine (sun
is sacred fire burns)". A string of beads with “Chairman Apo” inscribed
on it and “PKK pictures” on the mobile phone were captured on the
accused K. Victors signs made by kids was another piece of evidence. On
4 November K.E.'s lawyer Canan Atabay asked the court for additional
time to prepare defence case. The court accepted it and released K.E..
The next hearing is on 22 December 2009 at 09.00.

o Four people were arrested after a demonstration protesting the arrest
and torture of Mehmet Bal, a conscientious objector. Anti-Militarist
Initiative members and around 40 representative from rights
organisations gathered in Galatasaray Square on 11 June 2008. Four
people were charged with “alienating the people from military service”
because of the placards and slogans 'we will not kill we will not die,
we won’t be anyone’s soldiers, say no, don’t join the army', 'Freedom
to Mehmet Bal', 'torture in military prison!” The court acquitted the
four people due to lack of evidence. Security Centre had written to the
court explaining that voice recording failed due to some technical
problem. (antenna-tr.org, November 10, 2009)

13 members of Penal Assembly voted for and 11 voted against the
objection of the Prosecutor. Penal Assembly thus decided to condemn
Dilipak for ‘insulting the President’. If Appeal Court insists on its
decision of acquittal it will be referred to Appeal Court General Penal
Assembly. (antenna-tr.org, November 10, 2009)

Albums
of Rojda and Dilşad proof of “membership to an organisation”!

In April and May 2008 there was an operation against DTP executive
members in the city on the orders of Elazığ Public Prosecution Service.
DTP Erzincan city organisation was charged with membership to
“Patriotic Democratic Youth Movement” (YDGH) declared as a PKK
organisation. Ağa Karakaya who was claimed to be in charge of YDGH in
Erzincan and Erzurum, DTP Erzincan city chairman Hüseyin
Bektaşoğlu,
Orhan Hamidanoğlu, Mehmet Gültekin, İlyas Kaynun, Semih
Tunç and Mehmet
Arman have been on trial.

Erzurum High Criminal Court number 2 made a decision on 10 September,
giving Bektaşoğlu 7 years and 6 months, Gültekin and
Karakaya 6 years
and 3 months, and Arman 10 months. The court acquitted Kaynun,
Tunç and
Hamidoğlu.

The record of evidences "CD number 1 of evidences " list 20 items
including "Mayday speech text, pres statement on DTP activities on 2
December, speeches at regional meetings, Human Rights Association
(HRA), Newroz investigation in Erzincan, a declaration sent to HRA
centre, speech at the conference, Newroz declaration.

Dilşad, İşxan and Rojda CDs are on the list of criminal evidence!

"CD number 5 of evidence" included the music CDs of a Persian Kurdish
musician Leyla İşxan and Rojda as a well as the album of Dilşad Said a
virtuoso of violin.

Fighting censorship is crime too!

Accused Mehmet Gültekin distributed “Gündem” newspaper in
Erzincan. The
court accepted the sales report of the paper as proof of
membership to
PKK:

"A report has been captured revealing that the accused sold in Erzincan
“Gündem” newspaper which was closed down and then sold “Toplumsal
Demokrasi” that replaced “Gündem” and he sold “Yedincigün”
which was
published as the former was closed down. He sold 50 copies at the
beginning but he increased it to 70, he reported that he could sell
many more with better work, he left a copy to each house, he reported
there was nothing dangerous about the papers and resistance needed
against closures."

'Evidence number 7' is interesting too. The court stated that some
photographs in "CD number 7" showed some women talking at a centre.
(antenna-tr.org, November 10, 2009)One
month closure for “Azadiya Welat”

The only daily Kurdish newspaper in Turkey “Azadiya Welat” has been
closed down for one month. Istanbul High Criminal Court number 14
stopped the publication of the paper on 30 October 2009 for “making
propaganda of an illegal organisation” in 29 October 2009 dated issue.
This is the fifth time the paper has been closed down since 15 August
2006. (antenna-tr.org, November 10, 2009)

10
months prison sentence for dancing

Ercan Özkaya has been on trial part in a meeting by DTP’s Women’s
Branch in Bursa. Ercan Özkaya was charged with making propaganda
for
PKK. Özkaya has been condemned to 10 months prison sentence.
Özkaya was
put in prison. The reasons of condemnation of Özkaya included
“speaking
in Kurdish, raising hand and dancing during the activity”.
(antenna-tr.org, November 10, 2009)

Case about an interview
with Karayılan

Istanbul Public Prosecution Service filed a case against the chief
editor “Günlük” newspaper Filiz Koçali, journalist
Ramazan Pekgöz and
the owner of the newspaper Ziya Çiçekçi over an
interview with Murat
Karayılan, the chair person of Kurdish Societies Union known as an
umbrella organisation of PKK.

It has been claimed that the parts of the interview “We did what Hasan
Cemal wanted”, “I agree with Yaşar Kemal” and “If the state moves one
step we will take two” published in the 7, 8 and 9 August 2009 issues
of the paper made "propaganda for an illegal organisation" since the
statements were made by a leading figure of the organisation.

Similar interviews were published by Milliyet, Newsweek and Washington
Post. (freex@superonline.com, Nov 2, 2009)

Three
journalists will stand trial on 24 February

The journalists are charged with "making the propaganda of the
organisation" and "publishing the statements of the organisation".
Istanbul Public Prosecutor Hakan Karaali wanted Koçali and
Pekgöz to be
given prison sentences for up to 10 and half years under anti-terror
law articles 6/2 and 7/2, and Çiçekçi to be
given a fine of up to 10
million TL. Istanbul High Criminal Court num.9 will have the first
hearing on 24 February 2010.

11 September dated indictment presented the statements "PKK withdrew
its forces outside the borders what steps did the state take during
those five years?" and "We would not accept it even if they give us a
state now" as criminal.

Sentences under Anti-Terror Law
Article 6/2 of the
Anti-Terror Law carries, "prison sentence from one year to
three years
to those who publish or spread the statements of a terrorist
organisation."

Article 7/2 says "A person who makes propaganda for a terrorist
organisation shall be given prison sentence from one year to five
years. Punishment will be increased by half if the act is committed by
the means of press. Owners of the publication shall be fined from the
equivalent of one thousand day to ten thousand days. "
(freex@superonline.com, Nov 2, 2009)

Socialist Democracy and Yürüyüş
closed down for one month

Publication of Socialist Democracy Party (SDP) Socialist Democracy
Newspaper was closed down for one month for “separatism and propaganda
of an illegal organisation”. Istanbul High Criminal Court num.10 made
the decision because of an article entitled “we are coming to live
history” in issue 84 of the paper.

Yürüyüş (March for Independence
Democracy and Socialism) magazine’s 25 October
2009 dated issue 195 has been confiscated and the paper was closed down
for one month. It was claimed that there was “PKK propaganda” in the
pages 14, 15 and 16 of the magazine. (freex@superonline.com, Nov 2,
2009)

Three years
prison sentence for 'criticism'

Ethem Açıkalın spoke on Roj TV on 28 October 2008 and criticised
Adana
Governor İlhan Atış’s suggestion to "cancel green cards of families
whose kids take part in protests”. Açıkalın mentioned a “Dirty
War” in
the Southeast. Açıkalın’s words were investigated for “making
propaganda for PKK” but that was dismissed. However Adana Prosecution
Service filed a case against Açıkalın for “inciting hatred and
hostility among the people” for saying “We experienced a situation
where we wished we had OHAL (State of emergency rule). Adana Governor
made Kurds target”.

Adana Criminal Court num.1 had a hearing on 27 October where the
prosecutor told the court Açıkalın prepared a report claiming
“157
people were arrested 82 were children, 12 children and 14 adults were
put on remand and they were tortured” and “exaggerated the incidents”
and asked the court to punish him. Açıkalın's lawyer Beyhan
Günyeli
reminded that the statement of the Governor was also criticised by
Adana Bar Association.

The court stated “Under the circumstance of the country hostility among
the people increased” and condemned to three years in prison and barred
him from his public rights for “inciting hatred and hostility among the
people”. (freex@superonline.com, Nov 2, 2009)Rojin reported crime against Serdar Turgut

Serdar Turgut wrote a column in Akşam newspaper on 24 October entitled
“I regret not being a PKK Terrorist”. Turgut wrote that what he
understood from Abdullah Ocalan’s statements there were sex parties in
the mountains and he could have taken part in them if he had been a PKK
guerrilla. Turgut said in his column that he did not see any attractive
woman PKK member so far but he could kidnap Rojin and take her to
mountains.

Turgut wrote “...I would set up a cell, raid the city and take Rojin to
mountains... Imagine I will be enjoying myself in the mountains for
years, I will enjoy with Rojin whom I will take to mountains and turn
into my sex slave...”

Rojin: Those who put bullets in their guns instead of roses are
separatists

Rojin applied to Bakırköy Justice Hall and complained. She wanted
Serdar Turgut to be punished for “sexual harassment” and “insult by the
means of press”.

Rojin then asked, “Is it because I am a woman or because I am Kurdish
why Serdar Turgut dares to say thing like that?”

Turgut may face a case and a prison sentence from six months to four
years if Rojin’s application is accepted.

However Rojin ended up in a tragic situation in the justice hall she
visited. Rojin had a case against her for singing in Kurdish, the case
was dismissed but that had not been recorded in the official records of
the justice hall. She was almost arrested but the situation was
clarified by the intervention of her lawyers. (freex@superonline.com,
Nov 2, 2009)

Kurdish
Question / Question kurdeAppeal
from a Kurdish Woman Under the Threat of Execution
in Iran

Under the threat of execution, Kurdish woman Zeynep Celalyan wrote a
letter to human rights defenders, “After the court that took a few
minutes I was inflicted to execution. I don't even have a lawyer to
defend me” she said. Celaliyan wanted help from human rights defenders
and all women.

Birth registered in South Kurdistan's Mako City, Zeyneb Celaliyan in
the middle of 2008 got arrested in Kirmaşan city for the claim of being
a PJAK member (Party for a Free Life in Kurdistan). On 14 January 2009
at the Revolution Court she was given death penalty. Without having an
lawyer the death penalty was given in 7 minutes by the Revolution Court.

After the approval of the sentence by the Irania Supreme Court,
Celalyan, with the intervention of her family on 26 November she wrote
a letter to women and human rights organizations asking for help. The
Kurdish political prisoner Celalyan stated these in the letter:

“I am a 27 year old Kurdish woman, I am currently a political prisoner
in Iran prison. The death penalty given to me has been approved by the
High Court of Iran. At the moment I am living under very heavy
conditions. I am constantly under bad treatment and torture. A nominal
court took place, without even having a lawyer, after a few minutes I
was inflicted to execution penalty. I don't even have a lawyer to
defend me. The trial I was on only took a few minutes. The court said
to me ''You are the enemy of God, just like all the other enemies of
God you will be executed''. All the judges voted in favor of me getting
executed. I asked for the permission of getting sake from my mum and
family. The judge told me to ''shut up'' and declined it. I want all
human rights defenders and women to come against this injustice
happening to me and I want them to help me''. (estella24@tiscali.co.uk,
November 29, 2009)
Ocalan se plaint de ses nouvelles conditions
carcérales

25 years old Ahmet Atış in Urfa ended up on trial over naming her
daughter 'Helin Kurdistan'. Following the media reports an
investigation was launched against the father Ahmet Atış with the claim
of making propaganda of an illegal organisation by the means of press.

Atış made a deposition Atış said, “I do not intend to make propaganda,
and everyone should tolerate the name of my child.”

Ahmet and Dilek Atış named their daughter who was born on 4 February
2008 Helin Kurdistan that means ‘Home of Kurdistan’ in Turkish.
(antenna-tr.org, November 24, 2009)

During the consultation with our client Abdullah Ocalan on 18 November
2009 at Imrali Island, our client made the following statements in
regard to his transferring into the newly built prison building:

“I have been transferred here on November, 17th. This place is worse
than the one before. They are trying to present this as a progress, but
in reality it's an aggravation of the isolation. The current room is 6
square meters, half the size of the previous room. Here they want to
constrict me even more, aggravate my imprisonment conditions even more
and urge me to surrender.

I already had respiratory problems, but now, here, I cannot breathe at
all. The air in this cell is causing major problems for my respiratory
system. The old cell was better ventilated. The sun burns right through
the window. To be able to breathe, I have to lean against the window,
but there the sun is burning. So I have to bear that in order to
breathe at all.

The window is looking upwards, so I can see nothing but the sky. The
former window was better, because of the airing and because I could
actually see something.

I had no opportunity yet to see the other inmates that have been
transferred here. The clerks told me I would be able to see them in a
month, at the earliest.

Life here is physically tiring me. Isolation and imprisonment
conditions are obviously worse here. I don't know if I will ever be
able to get accustomed to this. There is no progress, only further
regress.

They are selling my transfer here as a positive initiative, but reality
is very much different. The only aim of the transfer is to reduce the
pressure of the public opinion abroad.”

In the name of the struggle against the PKK, since 1985, the state has
maintained a system of Temporary Village Guards in the eastern and
southeastern provinces of Anatolia by giving weapons, jurisdiction,
authorization and salaries to some families and clans. As of
today,
there are seventy-thousand village guards. In the name of the struggle
against crime, village guards have committed many criminal acts.
A
balance table is attached.This week, 4 innocent civilians in Ergani
district in Diyarbakır province and 2 in Van province were killed by
village guards with the state's weapons.

IHD press statement regarding this issue:

On 4 November 2009 in Ergani town in Diyarbakır province, Necmettin,
Süleyman, Şevki and Zeynep Aras lost their lives in vehicles after
being shot with long-barreled guns by Ismail Akyol and his son Abbas
Akyol, both village guards from Yolbulan Village.

On 1 October 2009 the Aras family applied to the Diyarbakır
branch of
the Human Rights Association. In the application, mother Belkıza
Aras
stated the following: ‘About three years ago a woman from Yolbulan
village married into our family, and her family was part of the village
guard system. About one year ago this family entered a
partnership
with the leaders of the Ergani Gendarmerie Station there and began to
repress us. A year ago they forcibly took our bride, Perihan
Aras,
back to her former home in Yolbulan village and they also took all her
gold items. They tried to forcibly divorce her.
Approximately 6 or 7
months ago our bride called us and asked us for help and to go get her
because they were going to force her into divorce and then into
marriage with a rich old man. Upon this we went and took our
bride and
informed the gendarmerie station about the situation. However,
the
station didn’t take any measures.’

She continued: ‘The village guard family later began to threaten us by
saying ‘I looked after your bride for months, you’re going to give us
1,000 Turkish Lira.’ When we went to inform the gendarmerie
station
commander of the situation, the bride’s father – a village guard named
İsmail Akkol – was there. When we explained the situation, Akkol
was
next to the station commander and Akkol threatened us by saying
‘they’re either going to give the money or I’m going to kill them.’

She continued: ‘On 18 August 2009 at the Ergani vegetable market,
village guards İsmail Akkol, İlyas Akkol, Abbas Akkol, Gülhan
Akkol and
two other village guards almost beat my son to death because he hadn’t
paid the 1,000 Turkish Lira. My son called 155 (Turkey’s phone
number
for emergency assistance) and was brought to the hospital. The
same
individuals beat my son again in the days that followed. He made
a
complaint and gave a statement about this at the hospital. After
this
incident, the same village guards and gendarmerie station commander
asked for 40,000 Turkish Lira. After that, the station commander
said
‘they said 40,000 Turkish Lira but I brought it down to 20,000.
If you
don’t bring it I won’t interfere, go ahead and kill each other and come
to me like that.’ Although we applied to the public prosecutor’s
office, no measures were taken. We can’t leave our home, the
lives of
all our family members are in danger. We request assistance from
your
organization regarding this matter.’

With the application made to us, we as the Human Rights Association
stated clearly to the institutions we applied to that we were concerned
about the village guards’ repression and arbitrary actions towards
people as well as the criminal actions they’d taken using the guns
given them and relying on authority. After receiving this application
at our organization on 1 October 2009, on 2 October 2009 we presented
applications to the Ergani local administration, the Ergani Chief
Public Prosecutor’s Office and the Interior Ministry. We expressed the
possibility that other events like the one known as the massacre in
Bilge Village – one of the most tragic recent events rooted in the
village guard system – could take place

Unfortunately, the data, press statements, and warnings we’ve issued
for years concerning the village guards’ use of state-issued weapons to
commit crimes outside their areas of duty, secure material benefits,
and repress and intimidate normal people haven’t been and aren’t being
considered.

Although applications were made to the appropriate institutions as a
consequence of the application lodged at the Human Rights Association,
no initiative appears to have been taken, and the family’s application
to the Ergani Gendarmerie Station hasn’t produced results.
Instead of
taking the individuals before the station, telling them not to make
threats, explaining that what they were doing was illegal and trying to
make peace between the parties, the assumed behavor was virtually an
invitation to death.

The Temporary Village Guard System in Turkey is the world’s largest
uneducated and disorderly army. Seventy-thousand strong, this
disorderly army is like a bomb ready to explode. Using weapons,
most
village guards secure villages, geographical areas and
social-psychological support for the state, and are oriented toward
criminal activity. The state virtually takes power from the
system’s
chaotic and menacing existence. The village guards’ affiliations
reveal the way that these groups who spread fear among peasants are
protected and how applications made to bases and police stations
regarding them remain fruitless.

This table is comprised of events documented in applications to the
Diyarbakır branch of the Human Rights Association and the 13 HRA
branches and 3 representative offices in the region and partially
incidents documented in the press. The incidents listed
constitute a
very small portion of the violations carried out by village
guards.
Many haven’t been possible to report or share with the public because
of insufficient data and severe conditions that prevailed at the time
of the incidents.

How can the preservation of the world’s largest paramilitary force and
the failure to pursue complaints about it be explained.
Those who
oversee and ignore the criminal actions of village guards are as guilty
as those who commit the crimes themselves. There are many people
in
the region who work with the village guards and secure material
benefits through illegal channels. In a state under the rule of
law
it’s not possible to protect and preserve a disorderly army with such
big potential to engage in criminal activity. Is the Temporary
Village
Guard System only a state policy that’s remembered during massacres and
forgotten a few days later? It must be seen now that this state
policy
is bankrupt.

We request that what was done in relation to the applications made to
the Ergani Gendarmerie Commander and Ergani Public Prosecutor’s Office
and the people who received death threats be researched, and if it’s
found that they had neglected their duties that a legal inquiry about
them be opened.

We request that a commission made up of NGO representatives, sociology
professors from Dicle University, and AKP and DTP parliamentarians from
Diyarbakir be established with the goal of conducting comprehensive
research on the Temporary Village Guard System in the southeast.

We request that this research include such matters as the Temporary
Village Guard System’s union with the military, whether or not it’s
taken bids from public institutions, whether or not it’s been involved
in relations of mutual benefit, how many dunums of land it’s seized in
the last twenty years, whether or not it’s been involved in the trades
in hashish, heroin or guns, and how many crimes such as sexual
harassment, rape, torture, seizures of property, deaths and forest
fires it’s been involved in.

At the conclusion of this research the state, while providing
rehabilitation for the guards, must make urgently necessary legal
changes for the gradual dissolution of the village guard system.
We
know that the village guards exist because of the attempt to solve the
Kurdish issue with a law and order and security perspective. We
hope
that the state will constitute a democratic model of two peoples living
together by sitting and talking with the Kurds and their legal
representatives, not by making concessions to foreign powers, giving
money and weapons to paramilitary forces that flout the law and
ignoring and concealing their crimes.

Muharrem Erbey, Attorney at Law

Vice President of the Human Rights Association, President of the
Diyarbakir branch

(kurdish-info.eu, November 13, 2009)

The names of the young members of the peace goups changed

If you remember the peace groups from Maxmur also had young members.
Hêlan, Hêvî, Bêwar and Rojda. The four children
were born as refugees.
Their names went into the records of the UN and Kurdish Regional
Government. However it has emerged that their names were changed at
Habur’s Border Gate. Bêwar which means ‘without home’ in Kurdish
became
‘Bever’ which has no meaning in Turkish or Kurdish. The name
Hêlan was
changed to Helen and Hêvî to Hevi, whereas the only name
not to change
was Rojda. This has once again revealed the AKP’s expansion mentality
which cannot even tolerate Kurdish names.

Now father Kamil Ökten is asking; ‘we returned and what has
happened?’
Ökten invokes that the government is calling for the residents of
Maxmur camp to return. And then appeals for the constitution to be
changed so that it is respectful of human rights and demands that the
State abandon its policy of banning people’s identities.

The spokesman of the Maxmur camp group Nurettin Turgut also emphasises
that they left Turkey because they didn’t accept this system. He says
that at the camp they were educated in their own language, could learn
their own culture and give their children the names they chose. Turgut
indicates that Turkey hasn’t changed. Ökten and Turgut end by
saying
that they are going to continue their struggle against this situation.
(kurdish-info.eu, November 9, 2009)

Democratic Society Party (DTP) members Cemal Çoşgun and Şeyhmuz
Seyhan
are sentenced to 6 months imprisonment by the Izmir 6th Magistrate
Criminal Court. The court found them guilty of spreading Kurdish
propaganda prior the local elections on 29 March earlier this year.
Coşgun was the DTP mayor candidate for the Karabağlar Municipality,
Seyan campaigned for the district of Gazidemir.

The preliminary discussion on the General Discussion Proposal regarding
the "Democratic Initiative" signed by Prime Minister Recep Tayyip
Erdoğan will be discussed in the Turkish General Assembly today.

Also on the agenda today in this context is the "Kurdish Initiative"
and the permission to run a campaign in the electoral district in
Kurdish. However, this reform comes too late for Çoşgun and
Seyhan.

Prison sentence for addressing electorate in Kurdish

The court convicted Coşgun and Seyhan in the hearing on 3 November on
the basis of law no. 298 entitled "Law on basic decrees of elections
and electorate registers" (article 59 and 151/2). The prison sentence
of 6 months was converted into a fine of 3,000 Turkish Lira
(approximately € 1350) each.

Both former candidates were found guilty of addressing their
electorate, which is predominantly not familiar with the Turkish
language, in Kurdish.

"If the constitution changes, my case will be dropped"

Çoşgun stated that he was going to file an appeal against the
decision,
"This is nothing else but the government's distraction from the Kurdish
initiative. The Prime Minister and the Ministers speak Kurdish, TRT Şeş
broadcasts in Kurdish but if Kurds speak Kurdish they face penalties.
They show how much sense they implemented in the initiative",
Çoşgun
argued.

Coşgun emphasized the need of a democratic and civil constitution,
saying, "If a really democratic constitution will be issued, this case
will be dropped anyways".

Kurdish propaganda "forbidden"

Article58 of Law 298 on "Prohibitions concerning Publishing Propaganda"
states, "The Turkish flag and religious phrases are forbidden on of
flyers and any other kind of printed papers used for propaganda. The
use of any language other than Turkish in spoken and written form is
forbidden for propaganda broadcasts on television and radio".

Article 151/2 foresees a prison sentence between 3 and 6 months and a
fine between 15,000 and 75,000 TL (€ 6,800-34,000) for propaganda "made
later than 6.00 pm the day prior to the elections and in public places
and places open to the public on the day of the election; or
pronouncements published in this intend or with the purpose to disturb
the election in any way or effecting a free voting". (BIA, Erol
ÖNDEROĞLU, 10 November 2009)

Democratic Society Party (DTP) Mp for Diyarbakır Aysel Tuğluk has been
given 1 year and 6 months prison sentence for ‘making propaganda for
PKK’.

The prosecutor asked Diyarbakır High Criminal Court num.4 to give
Tuğluk a prison sentence for up to 5 years for 'making propaganda of a
terrorist organisation'.

Lawyer Gümüş argued that if Tuğluk's speech was considered as
a whole
there was no offence in it. The court decided to condemn Tuğluk under
anti-terror law article 7/2 to 1 year and 6 months prison sentence and
to send a copy of the ruling to the chairing Office of the Parliament.

Appeal Court reversed it

Prosecution of Tuğluk over her public address in September 2006 at
Diyarbakır İstasyon Square was suspended due to her legal immunity but
Diyarbakır High Criminal Court num. 4’s decision was reversed by the
appeal court.

Appeal Court based its decision on article 14 of the Constitution and
stated ''Legal immunity has limits, trial should be carried on since
the crime is a terrorist crime even if the accused is elected an MP on
22 July 2007’.

What now?

Tuğluk’s lawyer will appeal. However if the Appeal Court approves the
decision Tuğluk's membership to the Parliament will be ended. Otherwise
Tuğluk will serve the prison sentence when her MP position expires.
(freex@superonline.com, Nov 2, 2009)

Diyarbakırspor Chairman Çetin Sümer Diyarbakırspor Chairman
Çetin Sümer
has threatened to withdraw his team from the next match in the wake of
racist slogans chanted by rival Gaziantepspor supporters on Sunday.

Sümer said his team has considered boycotting the match against
Galatasaray this weekend. “If you had watched the match, you would have
seen that we were right. The racist stance against our team was not
limited to the Gaziantepspor match. We have experienced the same thing
for several weeks. We wanted to add color to Turkish soccer. … We have
informed our governor, mayor and civil society organizations in
Diyarbakır about our decision [to withdraw the team from the league].
Our decision is final,” Sümer noted.

Sümer’s remarks were interpreted as a partial withdrawal from the
league. The chairman did not provide a clear comment on whether
Diyarbakırspor would play other matches.

Diyarbakırspor made the decision after Gaziantepspor fans reportedly
chanted racist slogans, accusing Diyarbakırspor of supporting the
outlawed Kurdistan Workers’ Party (PKK). “We have nothing to do with
politics. Our duty is to serve Turkish soccer. If our team is supposed
to damage the reputation of Turkish soccer, then there is no choice
other than to withdraw from the league,” Sümer added.

The team had decided to withdraw from the league in late September
after the high level of tension they experienced during a match at
Bursaspor. The host team’s fans were hostile toward Diyarbakırspor
players and fans, accusing them of being “separatists.” Sümer said
at
the time that if action was not taken to prevent racist slogans and
banners, he would withdraw the team from the league.

The Diyarbakırspor chairman complained on Sunday that the Turkish
Soccer Federation (TFF) had not taken the necessary action against
racism during soccer matches after the experience at Bursaspor.

Diyarbakırspor Press Secretary Suat Önen said hostility against
his
team was a major threat to Turkish soccer. “We have no problem with
anyone. We are trying to play our matches. However, some people are
killing Turkish soccer with their attitude. This is not right. They are
racist people,” Önen remarked.

In response, Gaziantepspor Chairman İbrahim Kızıl said his fans did not
chant any racist slogans against Diyarbakırspor during the match.

“We are both a neighbor and a friend to Diyarbakırspor. We applauded
them when they scored the first goal against us. There were no racist
slogans during the match. However, there were discouraging chants after
the match as the referees were leaving the pitch.”

The Diyarbakırspor chairman’s decision to withdraw his team from the
league was not welcomed by Diyarbakırspor fans. A group of Diyarbakır
supporters called for Sümer to leave the team on the team’s
official
Web site. “It has almost become a fashion for Çetin Sümer
to withdraw
the team from the league.

Diyarbakırspor cannot be withdrawn from the league. It is you [the
team’s administration] who have to withdraw from the league. We are
tired of your statements,” read a comment left by a Diyarbakırspor fan
on the team’s Web site. (todayszaman.com, Nov 3, 2009)

An increase in racist attacks

The reception of the Peace Groups by millions of people has upset the
profiteers of war. Racist attacks which began in Mersin on October 20th
have now spread to other places. Resul Ilçin was killed by
torture on
21st October. On the same day two university students were attacked and
beaten in Elaziz. A mob attempted to lynch two people in Edirne on the
23rd after their phone rang with a Kurdish tune.

On the same day a peace march in Mersin was attacked by fascists.
Adding to the wave of racist attacks the Elaziz DTP branch was attacked
and two Kurds were stabbed in Ankara on the 24th.

In addition, the racist Turkish-Left (Türksolu) magazine
distributed
racist and threatening leaflets and organised a march. The last attack
occurred yesterday when a group of about 150 fascists
(ülkücü) attacked
and occupied the DTP Konya branch.

Intellectuals have commented on these events:

HALUK GERGER, academic and writer, stated: The reaction actually fits
in with the ‘plan’. If the essence of the plan is the poison of
annihilation wrapped in a package of reform, then the threat of war and
violence shouldn’t come as a surprise. The Turkish Republic (TC) isn’t
free to do whatever it wants, this surly and arrogant bragging is
nothing, it is like whistling in an empty cemetery. The objective
conditions and obligations are forcing them to a solution. The will of
the Kurds has been decided. Risks and danger are appearing at the
forefront, however, beyond that, within the confusion there are
opportunities and possibilities.

FERHAT KENTEL, an academic, said: Unfortunately the language of war is
continuing to take people hostage. The status quo and nationalist
parties who feed off fear are endeavouring to impede this process, and
they have been successful to a certain extent. I think the government’s
statements which have accused the DTP are due to the pressure these
nationalist forces have applied. If we look at the comments made by the
Prime Minister and Interior Minister, we can see that there is serious
mental investment.

AYDIN ENGIN, a journalist and writer, commented: Racist-Nationalist
sensibilities are being escalated consciously at the moment in Turkey.
However, this picture shouldn’t lead to pessimism. All kinds of zigzags
and uncertain moments are inevitable in a process such as this. It is
very important that a smarter policy be waged against a party such as
the AKP, which doesn’t have principles, determines its policies on a
day-to-day basis and is made up of cadres who retreat when a strong
wind blows. (Kurdish Info, Oct 31, 2009)

Minorités
/ MinoritiesArmenian Newspaper Weary About Being a Target in
Coup Plans

Joint attorney of the Hrant Dink case Fethiye Çetin considered
the
allegations regarding a "Cage Operation Action Plan" as "grave and
frightening". The "Cage Operation Action Plan" was supposedly worked
out as a coup plan by the Naval Forces, targeting non-Muslims and
aiming to charge them of their religious beliefs.

Taraf newspaper reported that the plan also included a map showing
homes and offices belonging to minorities and 939 non-Muslim
representatives all over Turkey.

Çetin: I am in horror...

Avukat Çetin talked to bianet and expressed her astonishment
about the
matter, "I am in horror right now. Some forces of this country sit down
and they will make a plan to define their fellow citizens of their own
country as enemies. They will kill Armenians and non-Muslims in the
psychological war they conduct against the ones defined as their
enemies, both in terms of supplies and casualties".

Lawyer Çetin indicated that the investigation into the cage
operation
has not been completed yet and is carried out confidentially. She said
she let it go with evaluating the events reflected in the media.

Agos subscribers' details registered in the operation plan

Çetin stated that the Hrant Dink murder case might be merged
with the
Ergenekon trial in case of a tangible connection with the Dink case and
a verification of the claims.

Çetin announced that new findings emerged to support the claim
that
Armenian Agos newspaper subscribers were subject to the operation plan,
saying that the matter is also going to be followed up by the newspaper.

Hatemi: Computers stolen from Greek foundation

bianet asked Lighthouse Greek Patriarchate lawyer Kezban Hatemi whether
such activities regarding non-Muslims have occurred or not. Hatemi
informed bianet that computers of a Greek parochial foundation had been
stolen and that the corresponding trial is pending at the Beyoğlu
(Istanbul) Court.
Taraf daily declared that the prosecutors of the Ergenekon case managed
to decipher a CD concerned with the plan and written by detained
defendant Levent Bektaş. Accordingly, Naval Staff Major Eren
Günay,
currently detained in connection of ammunition found in Poyrazköy,
prepared the list of ammunition intended to be uses for the planned
actions.

"During the last period of the Ottoman Empire, in 1915-16, the Union
and Progress Party systematically pursued a policy of extermination of
the Christians who had been the native peoples of the country for
centuries."

These were the words articulated at the Turkish Grand National Assembly
(TGNA) by Selahattin Demirtas, the deputy chairman of the parliamentary
group of Democratic Society Party (DTP)--the voice of Kurds in the
Turkish Parliament. Demirtas had taken the floor at the parliamentary
session on Oct. 21 to speak about the protocols signed between Armenia
and Turkey.

"No national security considerations can be an excuse for the
annihilation of a population by means of forced displacement and
massacres," he said. "Governments, in an effort to clear themselves of
the guilt, resorted to denial and to distortion of historical facts to
conceal the truth. They rewrote the history. In school books, Armenians
are portrayed as hostile figures, exaggerating the incidents of
violence by Armenian activists and never telling the truth about the
massacred Armenians."

The meeting minutes, available on the website of the TGNA, reveals the
interruptions by other deputies, member of the ruling Justice and
Development Party (AKP), the opposition party Republican People's Party
(CHP), and an independent deputy, who called out loud: "What are you
talking about? Say what you want to say openly!" or "Shame on you!" or
"Don't slander" or "What about the Turkish diplomats assassinated?"

"The word 'Armenian' has been used as an insult in this country,"
continued Demirtas. "Even the president of the Republic of Turkey was
accused of having secret Armenian ancestors, as if this was a sin. They
did this to humiliate him. And what a shame that the president himself
answered this 'accusation' in such a way as to confirm the humiliating
connotation of the word, by trying to prove that this was not true."

Demirtas suggested the formation of a history committee, consisting of
independent historians from both sides, that would aim at revealing
historic truths. "Without doing this, no real policy of peace can be
pursued in foreign or domestic policy and no real resolution can be
reached by ignoring the tragedy, by acting as if the loss of lives was
a result of unwanted adverse circumstances. I know that what I say
upsets those who remain loyal to the status quo. However for us to
avoid recognizing historical truths just for the sake of the status quo
would mean betraying our conscience and taking a politically unethical
stance. So Turkey should lead the way to uncover the historical facts
instead of continuing to carry the burden of a tragedy caused by the
Committee of Union and Progress. In order for truly friendly relations
between the two countries, it should be acknowledged that this is the
only way for mutual trust."

This was a first for the Turkish Parliament. There may be parts in
Demirtas' speech where one would disagree. But for me, these points of
disagreement are less important than the declaration-- in the Turkish
Grand National Assembly--of the systematic extermination of Armenians
in 1915. And it was a Kurdish MP who made this happen. The Kurds, some
of whom actively took part in the Armenian Genocide, were also the
first in Turkey to talk and write about the genocide of the Armenians
and Assyrians.

Demirtas's words weren't in the headlines the next day as one would
expect; those days were unusually exciting, as a group of PKK guerillas
had just crossed the border and given themselves up to Turkish security
forces as a gesture to support the government's peace initiative. TV
channels and newspapers were full of scenes of rejoicing and
celebrations by thousands of Kurds, old and young, women and men, all
welcoming the peace group. The guerillas waved their hands to the
crowds, who were joyously demonstrating for peace. A few days passed
with puzzlement on the part of the Turkish public and the opinion
makers. However, the puzzlement did not last long. A wave of anger
surged with columnists condemning such "scenes of outright defiance,"
"celebrations of PKK's victory," or "shameless display of support to
PKK." Then came the demonstrations of the "mothers of martyrs" and
others condemning the PKK. The panel discussions on TV featured even
democrat and liberal figures criticizing the DTP for rallying Kurds to
celebrate the PKK guerillas' return and provoking Turkish nationalism.

Just when Demirtas was giving his speech about the Armenia-Turkey
protocols, I was called by Agos newspaper to comment on the coming of
the PKK group as a peace delegation. I sent them a message saying, in
short, that I did not trust Turkey. I explained that given the age-old
authoritarian nationalistic policies pursued by governments,
instigating hostility and hatred in the minds of people, no real peace
policy would be possible. The majority of the Turkish people themselves
would not let this dream come true. Although this was what I thought, I
still had the hope that this time I might be wrong, that some good
things could happen in this country. The pictures in the newspapers,
the images on TV of old men and women welcoming the PKK members at the
Habur border gate--dancing, waving hands, laughing, and cheerin--were
so impressive that one could not help but hope.

But Turkey did not put me down and once more not my dreams but my fears
came true. The government suspended the peace program and said that the
coming of PKK members from European countries was cancelled due to the
Kurds' provocative welcoming demonstrations. Shortly after this news,
Abdullah Ocalan, the imprisoned leader of the PKK , announced that they
too had suspended the process.

Now all advocates of peace are waiting for a new sign indicating the
resumption of the peace process. Turkey's lack of any tradition of
reconciliation and it's deeply rooted authoritarian habits of resorting
to violence instead of understanding did its job again.

A Kurdish intellectual's comprehensive work about the genocide

Speaking about the Kurdish intellectuals and activists who first talked
and wrote about the Armenian Genocide in Turkey, I have to mention the
book of Recep Marasli, who was one of the victims of the horrible
tortures at Diyarbakir Prison in the 1980's and who served 15 years in
various prisons. In the preface to his book Ermeni Ulusal Demokratik
Hareketive 1915 Soykirimi (The Armenian National Democratic Movement
and 1915 Genocide) (Peri Publishing House, 2008, Istanbul), Marasli
writes how he first wrote about the Armenian Genocide in 1982, when he
was in the Alemdag Prison. It was the first and worst years of the
military rule. At the same time, it was a time when Turkish diplomats
were assassinated one by one by the Armenian Secret Army for the
Liberation of Armenia, and anti-Armenian sentiments were at their peak
in Turkey, provoked by the insulting headlines in Turkish newspapers.
In the Diyarbakir Prison, those inmates suspected of being of Armenian
origin were subjected to special violence, and there were incidents of
forced circumcision. During these days, Recep Marasli with a number of
his fellow prisoners secretly prepared and circulated a pamphlet about
the Armenian Genocide in the Alemdag Prison. This pamphlet would later
serve as the outline of his present book. He thinks it may well be the
first structured writing about the Armenian Genocide in Kurdish circles
in modern Turkish history. Some of the Kurdish inmates found it
irrelevant to the circumstances of the day (as the central issue for
them was the Kurdish Question); some even thought that Marasli was of
Armenian origin. This pamphlet was a turning point in Marasli's efforts
on the topic. Marasli and his comrades circulated the leaflets in
prison every April 24th to commemorate the genocide, and Marasli
started to read everything he could find about the genocide.
Afterwards, he integrated the contents of the first pamphlet in his
defense statement, which was submitted during his trial in Diyarbakir
Military Court for his membership in the Kurdish political organization
Rizgari. He developed this piece of writing later on during his
imprisonment, served in the prisons of Eskisehir and Aydin, and finally
produced this comprehensive 544-page book about the Armenian Genocide,
its historical background, its mechanism, and its aftermath--the
Turkification policies in the republican period up to the present day.
At the end of the book, there is a very interesting list of the old and
new names of Kurdish, Armenian ,and Assyrian settlements which I think
is a precious resource in this respect.

To go back to our starting point, Selahattin Demirtas' address in the
TGNA was something one can never expect from a Turkish member of
parliament, at least under present conditions. I think much has to be
done to explore the factors that bring the grandchildren of the peoples
of the old Armenia and Kurdistan closer to each other now. Such
exploration and efforts to build on the findings would help a lot in
paving the way for a more democratic Turkey that would bring justice to
all. (mesop@online.de, November 9, 2009)

Sweden's largest political party took a decision on Thursday during its
annual convention to acknowledge the genocide of Assyrians, Greeks and
Armenians during World War one. The genocide, called Seyfo in Assyrian,
occurred between the years 1914-1918.

"I was very moved when the decision was taken," said Yilmaz Kerimo, who
is an Assyrian and a prominent member of the Social democratic party.
"It is a positive standpoint and a great step forward. The party will
now work for the recognition of the genocide within Sweden, in the
European Union and the United Nations."

The recognition by the Social Democrats has raised hopes in the
Assyrian community in Sweden of recognition in the Swedish parliament
as well. The issue will be voted on in the parliament during spring
2010.

Sweden's left party, Vänsterpartiet, and the green party,
Miljöpartiet, both recognized the genocide more than a year ago.

The work to have the genocide recognized has been long for the
Assyrians of Sweden. The Assyrian Federation of Sweden welcomed the
decision of the Social democrats on Thursday, saying "It's the result
of years of lobbying, both by Assyrians and non-Assyrians," said Ilan
de Basso, chairman of the Federation. "We have learnt to never give up.
The ultimate goal is to have recognition from Turkey itself."
(news-noreply@aina.org, 1 nov 2009)Politique
intérieure/Interior Politics300 CHP members resign from party in protest

Around 300 people, including three district mayors and district heads
of the Republican People’s Party, or CHP, resigned from the party in
protest of remarks by a CHP deputy leader regarding the 1938 Dersim
massacre.

Around 1,000 people gathered Monday to listen to the CHP members’
resignation announcement in Tunceli where the 1938 events occurred. The
province of Tunceli has a high percentage of Alevis.

“The people of Dersim’s wounds reopened with Onur Öymen’s speech
in
Parliament on Nov. 10,” said Mustafa Sarıgül, mayor of the Ovacık
district and one of the politicians who resigned. “Öymen’s speech
shows
an understanding of violence rather than of solving the problems.”

“Despite all the oppressions, deaths, famines and exiles, the people of
Dersim refused to be assimilated and protected their honor,” he said,
according to Doğan news agency.

“It is a shame against humanity to speak in Parliament and assault our
ancestors by looking at Dersim and its people, which can be regarded as
the origin of Alevism, as an enemy,” said Sarıgül. “It would be
shameful for us to be a member of that kind of understanding. We are
resigning from the CHP because we cannot be a member of an entity that
tries to legitimize the killing of 10,000 innocent women and children
in Dersim between 1937 and 1938,” said Sarıgül.

After the press speech, the group gave their resignations to the CHP in
the city.

Austrian confrontation

Meanwhile, a group of 60 people stormed into a conference room in
Vienna to protest the CHP’s Kemal Kılıçdaroğlu and CHP Tunceli
deputy
Ali Kılıç. The two were there to participate in a panel
discussion
following an invitation from the Austria Alevi Federation. They have
met with similar protests in other foreign towns they have visited.

Two people from the group were injured in the ensuing melee that
occurred. Austrian police had to resort to force to remove the
protesters from the hall. Kılıçdaroğlu and Kılıç have
been attending
panel discussions in Austria and Germany following the intense uproar
created Öymen’s speech in Parliament.

Öymen has come in for severe criticism by party members and other
segments of society after he cited the Dersim Operation in the early
years of the Turkish Republic as an example for dealing with the
outlawed Kurdistan Workers’ Party, or PKK.

Official historical sources say the 1938 operation was implemented to
quash a Kurdish tribal rebellion.

In addition to Sarıgül, former Tunceli deputy Hasan
Göyüldar; Mesut
Coşkun, mayor of the Pülümür district; Cafer
Sarıçiçek, mayor of the
Nazimiye district; Hasan Hayri Kesik, district head of
Pülümür; and
Abdullah Kırmızıdağ, district head, all declared their resignation
Monday, according to the Doğan news agency. (hurriyetdailynews.com,
November 25, 2009)

Le gouvernement a autorisé dans la foulée les
chaînes privées à émettre 24 heures sur 24.
(AFP, 13 nov 2009)CHP walked out of the chamber when Erdogan criticized
Turkey set out plans on Friday to expand the rights of its Kurdish
population, including the creation of an independent body to
investigate cases of torture and the loosening of restrictions on the
Kurdish language.

The government reform initiative is seen boosting Turkey's hopes of
European Union membership and stopping a conflict in which more than
40,000 people have died.

But in a show of the resistance the reform process faces in parliament,
the main opposition party CHP walked out of the chamber on Friday after
Prime Minister Tayyip Erdogan accused opponents of not wanting an end
to the conflict.

The initiative builds on steps which Erdogan's Islamist-rooted AK Party
(AKP) government has already taken to expand cultural rights for Kurds,
such as the launch of a state-run Kurdish language television channel.

"An independent anti-discrimination commission will be established and
a bill related to this will be sent to parliament," Interior Minister
Besir Atalay told parliament.

The commission will aim to prevent torture and mistreatment.

Atalay said Turkey needs a new, libertarian constitution as the
existing one does not meet Turkey's needs. The AK Party also plans to
allow Kurdish to be used during political campaigning.

"The steps that will allow political parties to address the people in
different languages and dialects used by citizens during election
campaigns are among these," Atalay said, adding Turkey would remain a
unitary state.

Kurdish-majority towns will officially be able to regain their old
Kurdish names replacing their new, Turkish names.

PKK GUERRILLAS

The reform is designed to encourage the Kurdistan Workers' Party (PKK)
guerrilla group to disband. Kurds have long complained of
discrimination at the hands of the state.

The PKK, branded a terrorist group by Ankara, Washington and the EU,
launched an armed campaign in 1984 with the goal of creating an ethnic
homeland for Kurds in Turkey's southeast.

The chairman of the pro-Kurdish Democratic Society Party (DTP), which
has long been accused of having links to the PKK, said the Turkish
state needed a change of mentality.

"If the proposed solutions are serious, weapons can be laid down in
three months," DTP Chairman Ahmet Turk said.

CHP party leader Deniz Baykal, who has said the reforms threaten to
undermine Turkey's unity, accused Erdogan of preparing a "plan to
destroy and split Turkey."

Erdogan then answered: "There are some people who want martyrs (dead
Turkish soldiers) so they can exploit it better," prompting a walkout
by Baykal and his MPs.

Timothy Ash, emerging markets analyst from Royal Bank of Scotland, said
Erdogan's Kurdish strategy was high risk.

"While pushing the Kurdish reform agenda might win it votes amongst
Kurds and in southeast Turkey, it also threatens to lose it votes
amongst its own core Turkish vote, and more generally amongst secular
voters," Ash wrote in a research note this week. (reuters.com, Nov 14,
2009)

The anniversary of Atatürk's death turned
into a heated debate Tuesday as the ruling party attempted to discuss
in Parliament its Kurdish initiative to end the 25-year terror problem.

The ruling Justice and Development Party, or AKP, last week submitted a
motion to Parliament requesting a discussion of its Kurdish initiative
with opposition parties in Parliament on Tuesday. The date, Nov. 10,
was the 71st anniversary of the death of Mustafa Kemal Atatürk,
the
founder of the Turkish Republic.

Amid this opposition, the AKP brought the issue to Parliament on
Tuesday for discussion. The Republican People’s Party, or CHP, and the
Nationalist Movement Party, or MHP, submitted a motion to Parliament
asking for the Kurdish move to be discussed another day and tension
inside the hall started to grow.

Speaking on behalf of the main opposition party, the
Republican
People's Party (CHP), Onur Oymen said, "although Mustafa Kemal Ataturk
lost his life on November 10, his ideals, targets, principles and
reforms continue in the hearth of this country. And today's move is
totally contrary of Ataturk's policy for fight against terrorism. We
lost many people throughout our history. But no one even think about
ending that fight. You are the first to offer this. Because, you do not
have the courage to fight against terrorism."

"There are nearly a hundred deputies of Kurdish descent at the
parliament who prefer the fight to negotiation. Do they represent our
people in the region or do spokesmen of terrorism represent? Why do you
talk to those who act as spokesmen of terrorism instead of those
deputies? According to your understanding of law, those who join the
terrorist organization can be released but those expressing their views
should be imprisoned. You accept those who uprise against the state,
but cannot take those who criticized the government. This approach is
undefendable," Oymen added.

Oktay Vural of the Nationalist movement Party (MHP) said on behalf of
his political party, "they talk about a historic opportunity. What is
this opportunity? They are trying to show depersonalization of our
people, disruption of tranquility and separation as solution. We are
loosing our values. How can these be an opportunity for us? This is an
opportunity for those who are trying to fulfil their own desires and
strategic targets."

"We are aware of the reasons of your efforts to hide targets and goals
(of this move). You know that Turkish nation would not accept those
targets and goals. You can get over them, but our people will never
bear them. Our nation cannot digest being interlocutor with the
terrorist organization. We will object those who try to equate martyrs
with terrorists, we will not allow separation of our people with
policies of ethnic identity, we will try to protect the honor of our
martyrs. The MHP will put an end to the problem of terrorism and
separation. Mothers will not shed tears any more and our nation will
not be separated," he said.

Gultan Kisanak of the Democratic Society Party (DTP) said, "for years,
the Kurdish problems has been discussed at National Security council
(MGK) meetings and military headquarters. In fact, it is the parliament
which should discuss it. And this debate will be a test for both the
parliament and the democracy. We need to develop a joint solution all
together since it is the problem of whole Turkey. All our citizens
expect us to find a peaceful solution on the basis of democracy,
freedom, equality and brotherhood."

"The parliament should prepare a civil, democratic and pluralist
constitution in which differences should be considered cultural assets.
The constitution should frankly express that everyone should have the
right to use their mother tongues in private and public areas besides
the official language of the country. Such a constitution will create
an opportunity for a lasting solution to the Kurdish issue. The
government has so far asked for support by defending that it was
sincere. But we cannot say even that it took a positive step," she
said.

The opposition parties also offered harsh criticism against the
Kurdish
initiative and the AKP’s decision to hold the debate on Nov. 10 during
the parliamentary session in which the initiative was discussed.

The CHP and MHP submitted a motion to Parliament asking for the Kurdish
move to be discussed another day.

“It is not right for such an issue to be discussed on the anniversary
of Atatürk’s death,” Şandır said. “The AKP insisted on this day
and it
is very unfortunate to bring the issue to Parliament on such a date
when the flags are lowered to half-mast. Who are you challenging?”

AKP Kahramanmaraş deputy Avni Doğan criticized the opposition’s
approach and his speech sparked tension in the parliamentary hall. “The
AKP says it brought a project of democracy, peace and unity. Today is
not a day for mourning. You [the opposition], however, say Atatürk
didn’t die but lives in our hearts but also refuse to discuss the
Kurdish initiative saying that today is a day for mourning,” Doğan said.

“Kemalism doesn’t mean a deadlock and it anticipates making the
terrorists come from down from the mountains,” Doğan said as he accused
the opposition parties of applauding the military coup plotters.

Taking the floor, Hakkı Süha Okay, the CHP’s parliamentary group
deputy
leader, also criticized the AKP’s decision to discuss the Kurdish move
on Nov. 10. “You [the AKP] couldn’t make the terrorists come down from
the mountains. You welcomed them with a state ceremony and you chose
Nov. 10 on purpose. It is a challenge and taking revenge from
Atatürk,”
he said.

The tension escalated again once Interior Minister Beşir Atalay, the
coordinator of the government’s Kurdish move, took the floor. Banners
that read “Atatürk, we are following your path” and “The Republic
is
your legacy and it is we who will perpetuate it” were opened by CHP
deputies.

Atalay’s remark that the AKP represented all of Turkey and that the
opposition parties represented only regions drew reactions from CHP and
MHP deputies. The CHP’s Kemal Kılıçdaroğlu stood up and demanded
to
take the floor, but Atalay’s speech was interrupted when CHP deputies
unveiled their banners.

Parliament speaker Mehmet Ali Şahin warned the CHP and MHP deputies
that Parliament was not a rally. He called on the opposition deputies
to lower the banners. He then recessed the session for five minutes and
then started the session. DTP to call for public support of
democratic initiative

The Democratic Society Party (DTP) has decided to
intensify its relations with the
public and intellectual and democratic circles and NGOs in Turkey,
moving to promote awareness of the government’s initiative to solve the
Kurdish problem.

The DTP is setting to work on its own plan for the democratic
initiative period started by the ruling AK Party. A statement released
yesterday by the DTP’s central administration said meetings had been
held between Oct. 28 and Nov. 1 that had gathered DTP managers,
regional chiefs and mayors to discuss organizational and political work
and what the party could contribute to the process of finding a
solution to the Kurdish problem.

The DTP’s statement highlighted that the decisions made during these
meetings were evaluated by the party’s Central Administrative Board
(MYK), noting: “Decisions were made for us, as a party, to develop more
intensive relations with the Turkish public, intellectuals, democratic
circles and civil society organizations during the upcoming period.
Meetings will be organized to inform the press about the ongoing
process. Beginning with our party co-chairs and our parliamentary
deputies, we will contribute to and participate in programs related to
solving the Kurdish problem both domestically and abroad.” A series of
public town hall-style meetings will be organized in all of the
provinces and districts in which the DTP has branches from Nov. 15 to
Jan. 15, the DTP said.

Senior Turkish military officers had made extensive plans to terrorize
non-Muslims in Turkey. In the large Ergenekon* scandal recently a
well-planned terrorist operation was revealed. The operation which is
called "Kafes Operasyonu Eylem Plani", in English meaning "the
execution of the cage - operation" was to eliminate the remaining small
group of Christians living in Turkey today.

The plan was revealed when police arrested Levent Bektas, a major in
the Turkish army. The evidence seized reveals more than 27 officers and
senior military officers involved in the conspiracy against Christians.

In order to identify key persons among the Christians and then kill
them, this terrorist network has broken into a Greek church
congregation compound and stolen computers. The purpose of this was to
access the congregation's member lists.

"When our office was emptied of computers and files, church members
were very concerned. Since the murder of the monk Santoro, the
journalist Hrant Dink and the brutal murder of three publishing workers
in Malatya, Christians are living in constant fear," said lawyer Kezban
Hatemi, representing the Greek Orthodox Patriarchate in Istanbul.

On November 28, 2007, the Syriac Orthodox monk Daniel Savci in Turabdin
was kidnapped in southeastern Turkey. The monk resides in the St.
Gabriel monastery, which Turkish authorities are trying to confiscate.
A few days later the monk was found beaten. Shortly after, the police
arrested some village guards, a state-sanctioned militia subordinate to
the Turkish army, for the kidnapping. Many people with insight into the
situation interpret the kidnapping as a direct threat to the remaining
Assyrians in Turabdin.

Christians were attacked across the country. To implement the strategic
attacks, the country"s Christian population was mapped out and 939 key
persons from different parts of the country were identified as
potential targets.

The newspaper Taraf, which has been able to access the information, has
published several articles about this. On its website www.taraf.com.tr
it is described in detail how the plan to attack the Christians was to
be implemented.

Below are some points that constitute the plan"s main lines.

Christians are mapped

Famous and wealthy Christian businessmen kidnapped

Systematic fires and looting of Christian businesses

The Armenian newspaper AGOS be subjected to several
explosions

Murder patrols executing attacks against selected
individuals

Christian cemeteries subjected to explosions

Churches and institutions belonging to Christians
subjected to explosions

Put the blame on imaginary militant organizations

From the late 1980s to the 2000s, thousands of people have
been killed,
among them there were also many Christians. The perpetrators of the
killings have never been found. But officially they have been
systematically identified as an organization named "Hizbullah".

A military arsenal provides the network with weapons. The police have,
after following the tracks, at a house search in Poyrazköy outside
Istanbul found a weapon cache to be used in the attacks. Among the
weapons were several items, from C4 explosives to Uzi firearms and
other sophisticated weapons.

According to the newspaper Taraf, major Eren Günay has been
arrested
for having provided the attackers with arms and ammunition. According
to the newspaper there are indications that the plan is sanctioned by
the highest Turkish military leadership.

For a long time, Christians houses, property and businesses in the
Christian areas of the cities of Istanbul and Izmir have been labeled,
in order to identify them. MP Sebah Tuncel notified the Turkish
government with a written question last summer. The question addressed
the Ministry of Interior and was about what the government intends to
do against the labeling of Christian properties and about Christians
being identified. Even today, the government has not replied to this
question yet.

As long as the attacks were aimed at Christians and other minority
groups, the Turkish government acted indifferently. Not until the
ruling government party AKP themselves felt threatened they began to
act. In recent years the relationship between the government and the
military has been strained and on several occasions the military has
made attempts to make a coup d"état, without succeeding fully.

*
Ergenekon is a terrorist network that consists of many different
elements, from high military officers to teachers and journalists,
there are many professional groups represented in the network. This
network is also called the "deep state" in Turkey.

"Nobody Wears down the Military, the Military Frays
Itself"

The Heinrich Böll Foundation organized a 2 days symposium in
Istanbul
on the topic of "The Military's Political Role in Turkey". In the last
session of the meeting, Taraf newspaper journalist Lale Kemal
Sarıibrahimoğlu emphasized the importance of auditing the financial
resources the army is benefiting from as well as its spending.

In the session, the Turkey Economic and Social Studies Foundation
(TESEV) introduced their latest report on reducing the military's
efficacy in politics.

Kemal Sarıibrahimoğlu: The problem is the wrong spending of the military

Addressing the people who claim that the "military is being worn down",
Kemal Sarıibrahimoğlu stated that in fact it was the other way around,
"Nobody wears the army down, the army is fraying itself". Those
objections benefit from keeping the actual military spending secretly,
Kemal Sarıibrahimoğlu said.

Taraf journalist Kemal Sarıibrahimoğlu indicated that including
extra-budgetary resources, the military has a budget of approximately
20 billion dollars at its disposal. The journalist pointed out that no
information is being published of how and where this money is spent,
whereas this information could be obtained from the countries the
weapons are bought from. "These are not state secrets. The problem is
the wrong spending. Does our tax money go straight to weapons purchase?
Why should the military hide information about its spending?" Kemal
Sarıibrahimoğlu asked.

The Taraf daily journalist urged the need to form an auditing
commission in the parliament in order to make the military withdraw
from internal security issues and to find out about the military
spending in detail. Such an auditing commission is essential to point
out mistakes. Furthermore, civil prosecutors should be able to access
the military information, Kemal Sarıibrahimoğlu requested.

"Institutions do not give up their privileges voluntarily. It needs
political will-power", the journalist explained, adding that she did
not observe this will-power in the government.

Şarlak: "Trust the military" - what does that mean?

Economist Zeynep Şarlak said that those who intend to protect the army
are paying the price for their actions. Şarlak continued that a culture
of fear became dominant. "Social psychologists must also work in this
field. Who fears whom and for what reasons, we have to find out the
reasons for such a fear" Şarlak said.

Moreover, Şarlak emphasized the need to question survey outcomes like
the one showing "the military as the most trusted institution". The
economist illustrated, "The mass media does not publish anything
opposing the military, let us not trust the military. All the parties
supporting the army after 12 September have lost in the elections. That
means we have to understand what that trust actually means".
Kurban: Freedom of Expression is essential

Dilek Kurban from TESEV highlighted the importance of freedom of
expression. Also referring to the Kurdish question Kurban said
"Whatever the topic, this is essential. Otherwise it is impossible to
generate information", Kurban argued.

Akay: I do not vote for "National Security"

Hale Akay from Bilge University, author of the TESEV report, reminded
that the National Security Policy Document (MGSB) does not reveal any
of its contents and is kept secret to the public. "The country's
politics is determined according to this document. I do not vote in
political elections, a do not vote for the MGSB", Akay stated. (BIA,
Tolga KORKUT, 24 November 2009)

Lieutenant Sentenced for Causing 4 Soldiers'
Death

In the hearing on last Friday (20 November) the Elazığ 8th Army Corps
Commandership in eastern Turkey convicted Lieutenant Mehmet Tümer
for
causing the deaths of 4 soldiers, namely İbrahim Yaman, Ibrahim
Öztürk,
Ali Osman Altın and Mesut Bulut. Tümer had made Öztürk
hold on to a
hand grenade of which Tümer had removed the pin before. The
lieutenant
received a 9 years and 2 months prison sentence.

Approximately 2 hours of discussing the basic aspects of the case, the
court found lieutenant Tümer guilty of "causing the death of more
than
one person by deliberate negligence". Initially, the court handed down
an 8 years prison sentence, which was then increased to 11 years but
was finally set to 9 years and 2 months.

The families of the victims had claimed the maximum penalty for
Tümer.
Özgür Murat Büyük, lawyer of the family of İbrahim
Öztürk, to whom
Tümer gave the grenade, had demanded to sue the lieutenant under
charges of "killing with probable intention". Büyük told
bianet that in
such a trial the punishment would come out much higher.

For his defence Tümer claimed that what he did was not a
"punishment" but an "opportunity of education".

Lethal punishment

Sergeant Yaman and privates Öztürk, Altın and Bulut were
killed in the
incident on 17 August in the Elazığ Karakoca Battalion. Tümer has
been
detained in a military prison since 18 August.

Tümer stated that he gave Öztürk the live grenade in
order to educate
him because he had slept on duty. The lieutenant admitted that
Öztürk
came twice to ask the removed pin back but Tümer refused. He
balmed
that on the fact of his inexperience since he had only be lieutanant
for 56 days then and he apologized for the incident.
Bedir Bulut, uncle of killed private Bulut, stated in the previous
hearing on 11 November that he did not believe in an accident. He said
that when Tümer gave the grenade to Öztürk he apparently
said, "Now go
from post to post, let them see what kind of person I became". (BIA,
Tolga KORKUT, 23 November 2009)

The
Turkish
Army's holding OYAK plans acquisition in 2010

The Turkish Armed Forces Pension Fund, or Oyak, is expected to expand
through an acquisition in 2010.

The $8 billion fund, which currently manages a mixed portfolio of 53
companies and financial instruments, completed its most recent
large-scale acquisition in 2006 when it bought the Erdemir steel group.

Throughout 2007 and the first half of 2008, Oyak divested from its
three core financial-services companies – Oyak Bank, the Oyak Emeklilik
private-pension company and the AXA Oyak Sigorta insurance company –
which it sold to ING and AXA, respectively.

Caner Öner, a senior advisor at Oyak, said the divestment enabled
the
fund to enter the crisis with a large amount of cash in hand.

“We already saw some problems emerging in the banking sector before the
crisis kicked off and decided to divest. Increasing volatility and the
upcoming compliance requirements to Basel II and international
accounting rules meant our holdings in the financial sector were no
longer a pension fund kind of investment,” Öner said. “All the
sales of
our financial-services firms were timely and very profitable for us. We
were lucky to have acted on time.”

OYAK is looking to invest the cash from the financial-services
companies in a business that would complement its current strengths in
the automotive, steel, energy, cement and logistics sectors. “We are
not looking for green field or start-up projects, as these do not fit
our strategy. We are not interested in tourism, construction, media or
retail-related industries either,” Öner said.

Markets looking brighter:

The final decision about the new acquisition is likely to be made in
2010 when the global economic landscape becomes more settled. “We have
been receiving offers and are evaluating different proposals. However,
there is still a way to go in terms of prices,” Öner said.

Overall, Oyak’s holdings weathered the storm relatively well because of
the diversification of its portfolio, which in 2008 yielded an
impressive return of 26.3 percent.

While some of the fund’s subsidiary companies, for example in the steel
sector, were hit by the global trend in terms of prices and demand,
others such as energy maintained earlier business volumes.

The Turkish Armed Forces Pension Fund, or OYAK, a major producer of
steel and cement as well as a leading car manufacturer, is little more
than a “military holding,” said Ismet Akça from Istanbul’s
Yıldız
University.

He also condemned the fund as being a creation of Turkey’s military
coup in 1960 and said its mission is to increase the socio-political
status of the military and to protect its privileges.

OYAK, known for its deft 2006 sale of its banking unit to ING Group for
$2.6 billion, has frequently been the target of such claims in the
past. The company, however, has convinced investigators dispatched by
the European Commission of its arm’s-length distance from the military.
The company also frequently points out that while it was created in
1960 as a military pension fund, the same legislation that year also
created analogous retirement funds for teachers and civil servants. The
other two funds languished amid mismanagement and closed in the 1960s.

Akça argued that despite efforts by current OYAK Chairman Coşkun
Ulusoy
to emphasize the institution’s civilian dimension, the administrative
structure presents a contrary picture. All of its 241,000 members are
military personnel, he said. Its 40-member board of directors includes
only nine civilians, he claimed.

Its companies are run by professional civilians, said Akça, but
he
argued that the decision-making mechanisms are dominated by the
military.

Akça also claimed OYAK enjoys a special tax status and enjoys
liquidity
that other commercial enterprises lack because all military personnel
pay 10 percent of gross incomes directly to the fund, to be returned as
annuity upon retirement. That structure, however, is routinely defended
by the company as being analogous to many public pension funds in
Europe and the United States. (Hürriyet Daily News, November 22,
2009)

Former military judge Ümit Kardaş commented on Prime Minister
Recep
Tayyip Erdoğan's pronouncement about deposing the Chief of General
Staff from office, saying, "If he is removed from office, he will go to
the military judiciary", Kardaş interprets Erdoğan's words as
"pragmatism".

According to Kardaş, an amendment of the constitution is not necessary
to transfer most of the power to the Ministry of Defence (MSB),
allowing a struggle with politics. It is in Erdoğan's hands to take a
step for bringing the military judiciary to the level common in
democratic countries, where it is only involved in soldiers'
disciplinary issues.

The Prime Minister was quoted as follows in a life interview on TRT on
8 November:

"The Chief of General Staff does not come upon an appointment of the
prime minister. He comes upon the proposal of the Council of Ministers
and the approval of the President. What happens otherwise? This is not
the concern of the Prime Minister. So if there is an objection, it
appeals to the military judiciary. Those evaluations have to be done
very carefully. These steps have to be taken by considering the
country's unity and entirety".

Kardaş commented:

There is no example of a Military Council in the world: After the
memorandum from 12 March 1971in the course of amendments of the
constitution, the Military Supreme Court was established, formerly
known as the Military Council. The purpose was to handle legal
supervision of military actions by the military and keep it away from
civil judiciary. This court consists of 3 military judges and 2
officers. This is what the Prime Minister refers to. There is no other
example of an administrative court in the world.

Pragmatism of AKP (ruling Justice and Development Party): We are always
talking about these issues since nobody has thought about a reform of
the system. The pronouncement of the Prime Minister shows his pragmatic
(opportunistic) perspective. We need a reform in the context of
ensuring civil supervision, stretching from the educational curriculum
to the military judiciary, considering the Military Assistance Agency
(OYAK) as well as the constitution. Otherwise, this structure ties up
your hands and arms on every topic. You cannot carry out a [democratic]
initiative with the current structure.

Powers granted to the General Staff should be returned to the Ministry
of Defence: Again after 12 March 1971, many of the powers previously
inherent to the Ministry of Defence were transferred by law to the
General Staff, including the approval of the military budget. The
Ministry of Defence was demoted to a support institution. This
institutional autonomy of the General Staff means political autonomy at
the same time. However, these powers have to be returned and the
General Staff must be connected to the Ministry of Defence. The
military budget of democratic countries is prepared by civilians. In
our country, the General Staff's weekly press conference is held by
civilians in the Ministry of Defence. It is easier to amend that law
than to amend the constitution. AKP has the power to do that, by they
don't.

A referendum can be initiated if necessary: A change of the military
judiciary's purview requires an amendment of the constitution. If this
appears to be too difficult to AKP, they can also initiate a
referendum. The Prime Minister should speak openly, he should name the
problems and concerns. He should tell us what is done and what not.
(BIA, Tolga KORKUT, 10 November 2009)

Wrangling over the Web sites established by the
Army

A former senior Prime Ministry official has denied that the Turkish
Armed Forces were given a mandate to monitor certain Web sites in 2000.
A disagreement that erupted between the Turkish Armed Forces (TSK) and
the Prime Ministry after it was revealed that the military established
Web sites to back its psychological warfare against civilian groups has
escalated with a statement from a former undersecretary of the ministry.

Ahmet Şağar, who served as the prime ministry undersecretary in 2000,
stressed in a written statement that no directive was sent to the TSK
for the establishment of such Web sites. “I did not issue such a
directive. I do not recall such an issue,” he noted on Monday. A
General Staff spokesperson, however, had claimed last week that the Web
sites were established following directives from the Prime Ministry in
2000, when the government was led by a coalition under former Prime
Minister Bülent Ecevit. The existence of the TSK's Web sites was
revealed recently in an e-mail sent by a military officer to a number
of journalists and newspapers. The officer, who wished to remain
anonymous, claimed that the armed forces established 42 Web sites as
part of its psychological warfare against “dangerous” civilian groups,
which were categorized as “reactionary,” “separatist,” “pro-Justice and
Development Party [AK Party]” and “anti-TSK.”

Following Şağar’s statement, Prime Ministry officials checked the
archives at the ministry but failed to find the directive in question,
confirming the statement. Therefore, the ministry requested from the
General Staff the date and serial number of the directive. The ministry
will decide what action to take against the Web sites after the General
Staff responds.

Besides establishing 42 Web sites to conduct psychological warfare
against civilian groups, the armed forces also monitored the activities
of more than 400 Turkish and foreign language Web sites. The Web site
plan was devised at the Third Information Support Unit of the General
Staff by a number of colonels and was coordinated by First Army Corps
Commander Gen. Hasan Iğsız. Chief of General Staff Gen. İlker Başbuğ
was also reportedly informed about the plan.

The 42 Web sites in question were used to provoke tension in society
over a number of current developments that created uneasiness in the
public. One of the Web sites, www.terorveguvenlik.net, for example,
featured articles that argued that a Council of State attack in 2006
that left a senior judge dead was launched due to “religious purposes.”
Web sites www.irtica.org and www.irtica.net, on the other hand,
campaigned against the election of an AK Party member as the new
president, claiming that such an election would increase chaos within
society. Several other Web sites launched smear campaigns against
scholar Fethullah Gülen. The Web sites featured articles by a
number of
columnists from nationalist newspapers such as Sözcü,
Cumhuriyet and
BirGün.

A Web site pointed to the AK Party government as the sole source of the
headscarf controversy. According to the site, the AK Party was the
number one enemy of the regime in the country and worked to undermine
the military and judiciary in Turkey. The same Web site threatened the
life of Prime Minister Recep Tayyip Erdoğan. An article on the site
recalled the execution of former Prime Minister Adnan Menderes, saying
the end of Erdoğan would be no different than that of Menderes.

Another Web site detailed a plan to support the Milli Görüş
(National
View) movement in parliamentary elections to divide public support
flowing to the AK Party. The site featured several articles that
defended the Milli Görüş movement against the AK Party,
claiming that
the movement backs national policies in every field.

Plan continues to draw criticism

The TSK’s Web site plan continues to draw criticism from observers, who
have called for the trial of members of the military who established
the sites.

According to Ali Kemal Yıldız, a jurist, the armed forces has no
authority to establish Web sites to conduct psychological warfare
against civilians. Jurists’ Union President Sinan Kılıçkaya said
the
TSK committed a crime by setting up such Web sites.

“The Web sites should be evaluated within the scope of an article of
the Turkish Penal Code [TCK] that rules against fomenting hatred and
enmity in society. In accordance with the TCK, an individual who
foments hatred or enmity against an individual on the basis of his
social class, race, religion or denomination is punished with three
years in jail,” Kılıçkaya noted.

Internet Technology Association (İTD) President Mustafa Akgül said
the
categorization of civilian groups on Web sites is a crime. “Everyone is
categorizing people in our day. The TSK also categorized people. We are
against any pressure or ban concerning the Internet. Judicial bodies
should take necessary action against the TSK categorization,” he
remarked.

According to Füsun Nebil, a manager of Turk.internet.com, a Web
site
for Internet technology professionals, civilian institutions should be
responsible for monitoring Web sites deemed “dangerous.” “State
institutions and the General Staff should not conduct these kinds of
monitoring activities,” she added. (Zaman, 11 November 2009)

General
Convicted for Defamation of Assassinated
Hrant Dink

The Bakırköy 4th Court of First Instance in Istanbul adjudged
Brigadier
General Dursun Ali Karaduman from the Giresun Gendarmerie Regional
Command on the eastern Black Sea Coast to pay 2,000 Turkish Lira
(approximately € 900) in compensation for damages for mental anguish.
Karaduman had targeted assassinated editor-in-chief of the Armenian
Agos newspaper Hrant Dink in a poem he read out at a soldier's funeral.
Furthermore, he was quoted as saying at another soldier's funeral,
"They even condemn it and raise their voices when a traitor is killed".

The Dink family symbolically set the amount of the compensation to 1
TL. Yet, in order to be able to hear the case the court raised it of
6,000 TL

"Dink family plans to donate compensation to Nezin Foundation"

Lawyer of the Dink family Deniz Tuna told bianet that the family
partially accepted the amount claimed by the court and said that the
family plans to donate the 2,000 TL decided by the court on 6 November
to Nesin Foundation to support victims of the flood that hit parts of
Istanbul in September this year.

Karaduman allegedly defamed Dink twice after the journalist had been
assassinated on 19 January 2007. The first time he targeted Dink in a
speech Karaduman made at a soldier's funeral on 9 April 2007. The
second time he mentioned Dink's name to his disfavour in a poem he read
out at another soldier's funeral on 20 June 2007.

The court found Karaduman guilty of attacking Dink's moral integrity on
the grounds of his speech and his poem.

Hate speeches on 2 funerals

In his speech in April 2007 Karaduman said, "...the ones who panned
this games and who was nominated for it must have been informed very
well that the country and the nation of the Turkish Republic is an
indivisible whole. Our fight will continue until there is not a single
terrorist left. Today the American Senate, the French Parliament, the
English House of Lords and the EU Parliament in Brussels have condemned
the ones who killed you. They even condemn it and raise their voices
when a traitor is killed. The immortal heroes who shed holy blood, who
made this geography our homeland and who entrusted it with us; I
condemn all the traitors and their supporters for you here today".

In June Karaduman implemented elements of hate into a poem he read at
the funeral of soldier Kadir Aydın. He complained about the "world's
indifference" and compared the situation of Aydın, who "carried a
thoroughly original Turkish name" as Karaduman put it, with journalist
Hrant Dink.

A total number of 20 defendants are tried before the 14th High Criminal
Court in the context of the Dink murder., 8 gendarmerie officials of
the Trabzon Gendarmerie Command are prosecuted under charges of
"neglect of duty" because they did not prevent the murder despite
referring information of the Intelligence Office prior to the
assassination. (BIA, Erol ÖNDEROĞLU, 9 November 2009)

Civil society kicks off
three-day rally against military plot

Turkey's prominent civil society organizations have stood up to
advocate democracy and the rule of law in Turkey against a military
plot aimed at undermining the ruling party and a civilian group.

The organizations have kicked off a series of rallies in Ankara and
İstanbul, which will last three days. The first gathering point for the
rally was the Turkish capital yesterday. A large group of supporters
from the Association of Human Rights and Solidarity for Oppressed
Peoples (MAZLUM-DER), the Civil Servants' Trade Union (Memur-Sen), the
Confederation of Turkish Real Trade Unions (Hak-İş), the Service Sector
Workers' Union (Hizmet-İş), the Human Rights Association (İHD) and the
Turkish Human Rights Foundation (TİHV) participated in yesterday's
rally. The rally was aimed at voicing opposition to the coup attempts
in the country.

The rally came shortly after the discovery of an original copy of a
military plot detailing plans to undermine the power of the governing
Justice and Development Party (AK Party) and the faith-based Gülen
movement. The main theme of the rally was “No to Military Coups!”

Most observers termed the plot an “open coup attempt” as it was aimed
at the military interfering in the political realm.

A joint statement was made at the rally yesterday in which the
participants voiced their determination to protect the rule of law in
the country. “The action plan is an open threat against the rule of
law. Though it may look like a threat against a political party, it is
indeed a threat against the will of the public. As civil society
organizations, we believe that all threats against freedom should be
eliminated for the construction of a regime based on transparency,
accountability and the rule of law,” read the statement.

The organizations later filed a criminal complaint against Chief of
General Staff Gen. İlker Başbuğ, 1st Army Corps Commander Gen. Hasan
Iğsız and Col. Dursun Çiçek over the plot.

Another rally is planned to take place in İstanbul’s Taksim Square at 1
p.m. today. The rally will be attended by a large group of supporters
from the Freedom Association (Özgür-Der), the Akabe
Foundation and the
Civilization Foundation with the slogan “No to junta; try coup
plotters!”

Saturday’s rally will be followed by another on Sunday, which will be
held on İstanbul’s İstiklal Street at 7 p.m. Among the participants of
the rally will be the Young Civilians, the Revolutionary Socialist
Workers’ Party (DSİP), the Democratic Society Party (DTP), the Freedom
Movement and MAZLUM-DER.

The DSİP leader, Doğan Tarkan, said civil society should gear up
against the junta and its plans for a military coup.

“The plot has revealed the existence of the junta. This is a grave
development. Steps should be taken immediately. All members of the army
who have a hand in the plot should be removed from office, including
the chief of General Staff. Whoever dares to do this will have immense
public support behind them. If the government fails to take the
necessary steps, the public will take to the streets and voice its
demands for democracy. The public does not want to live under the
threat of a junta any more,” he noted.

Known not only for her ballet dancing but also for her awareness of
social issues, ballerina Zeynep Tanbay said the Turkish military is
engaged in a fight against the rule of law. “I was horrified when I
read the officer’s letter. The existence of a junta shows that the
fight against it is not strong enough,” she said.

Tanbay was referring to a letter mailed to an İstanbul prosecutor by an
unnamed military officer, who mentioned the workings of a junta within
the Turkish Armed Forces (TSK). The officer also attached the original
of the military plot, refuting all claims against the authenticity of
such a plan.

“The officer’s pledge that he is ready to testify as part of an
investigation into the plot makes us believe that there are army
personnel who fulfill their military service with dignity. We should
show our support for them. They are not alone. The TSK openly committed
a crime, but it is still questioning who revealed it. This is the final
straw in defiance of the law,” she added.

Ufuk Uras, an independent deputy, said members of the army who had
contributed to the preparation of the plot should be tried in a
civilian tribunal. “This is a constitutional crime aimed at the
parliamentary will. No one has such freedom. It is time to defend the
rule of law. Anyone who is behind this plot should be tried in a
civilian court,” he remarked.

The Military Prosecutor’s Office of the General Staff initiated an
investigation into the plot, but the investigation is aimed at finding
out who sent the original plan to the İstanbul prosecutor rather than
revealing how and why the plan was prepared. Jurists are doubtful that
the military investigation will produce sound results.

Artist Lale Mansur said she was not surprised by the existence of a
junta in Turkey. “This is the 50th anniversary of the first military
coup in our country. We have witnessed many others since then. We are
living in a shameful situation that does not befit the 86th anniversary
of the republic. I have always engaged in every anti-militarist
movement and will continue to do so,” she remarked. (Today's Zaman,
FATIH VURAL / CIHAN YENILMEZ, October 31, 2009)

The 1938 tragedy of Dersim has not only left behind the dead, the
wounded and banishments, it has left behind a depopulated region whose
name and all presence has been banned. 71 years after, those
responsible for the deaths of thousands of people have never been
trialed, victims have not been brought out into light, and Turkish
State is still not willed to acknowledge Dersim Genocide like many
other Genocides committed to Kurdish communities. Armenians, Greeks,
Kurds, Jews, Alevis-Kizilbashes, Syrians, Assyrians, all citizens of
Turkey and those who were classed as "the other" are the real owners of
this move for Turkey to accept its past.

The Association of Reconstruction of Dersim invites you to discuss
lessons from the past and perspectives for a future in a peaceful and
diverse Turkish State.

Jürgen Klute, MEP (GUE/NGL) - juergen.klute@europarl.europa.eu

Program:

Welcome and opening remarks 09.00 - 09.20

Opening and Presentation
• Lothar BISKY, Chairman of the Party of the European Left
• Mustafa ŞEN, Deputy of the Association for Reconstruction of Dersim

Session I 09.25 - 11.30
Dersim in the history, Alevi-Kizilbas policy of the state and events in
history
Moderator: Mehmet Ali Doğan, Akademiker

• The Alevi politics and slaughtered during the period of the Ottoman
Empire
Mehmet BAYRAK, Historian / Author

• The Alevi politics in the period of the Republic
Erdoğan AYDIN, Historian / Author

• Alevi massacres, the perpetrators and the legal process
Kazim GENC, Lawyer / Secretary General of the Federation of
Alevi-Bektashi

• Differences in Turkey and the confrontation with the history
Derya SAZAK, Journalist / Author

• The policy of assimilation, separatism, the state and constitutional
citizenship
Oral ÇALIŞLAR, Journalist / Author

Questions, Answers and Comments / Concluding Speech

• Turkish-Islamic synthesis as a state policy and the Alevis
Esat KORKMAZ, Researcher / Author

• The questions of the Alevis and the obstacles to organizing
Pir RIZA YAĞMUR, Democratic Federation of Alevis

• The Alevi identity, continuous problems, the sight of the state and
the solutions
Kemal BÜLBÜL, Secretary General of the Associations Pir
Sultan Abdal

• Alevis and the nomination process for the European Union /
Differences and freedom of expression
Barbara LOCHBIHLER, Member of European Parliament / European United
Left-Nordic Green Left Confederal Group EUL-NGL

The lifting of compulsory religious education, abolishing
the
Department for Religious Affairs, transforming the Madımak Hotel in
Sivas (eastern Turkey), where 33 people died in a fire, into a museum
and acknowledging the 'cem' houses (Alevi houses of assemblage) as
places of worship - these were the claims of more than 200,000 Alevi
that came together for a demonstration against discrimination in
Kadiköy, Istanbul, yesterday (8 November). They also demanded,
"Don't
build mosques in Alevi villages and don't send imams [prayer leaders]".
The demonstrators called the government to be sincere about the rights
of the Alevi.

Alevi converging from 3 different starting points

The demonstrators gathered in 3 different places before midday to march
to the meeting point in Kadıköy, a popular district by the sea
shore on
Istanbul's Anatolian side.

Alevi organizations participated in the event as well as political
parties and organizations side by side with unions and MPs.

The meeting was furthermore supported by the Socialist Party Initiative
of the Oppressed (ESP), the Workers Movement Party (EHP), the Greens,
the Libertarian Left Movement, the Social Democratic Populist Party
(SHP), the Democratic Left Party and by a large number of
non-governmental organizations.

Call to the government for sincerity

The event started with one minute of silence to commemorate the victims
of the fire in the Madımak Hotel in Sivas on 2 July 1993.

Ritual dancing and music performances accompanied the meeting. The
crowd shouted slogans such as "The bill for Sivas will be asked",
"Remove the Department of Religious Affairs" and "Down with AKP [the
ruling Justice and Development Party]".

The Hacı Bektaşi Veli Association president Tekin Özdil, the Pir
Sultan
Abdal Culture Association president Fevzi Gümüş and the Alevi
Bekatşi
Federation (ABF) president Ali Balkız rose to speak during the meeting.

All 3 of them touched the topics of brotherhood between the people and
the importance of living in unity. They criticized the government's
"Alevi initiative" and the Alevi Workshop. They organization presidents
argued "The AKP tried to form the Alevis according to their own ideas,
all Alevi should oppose to this".

Moreover, Özdil, Gümüş and Baklız stated that "It is
divisive not to
recognize the cem houses as places of worship" and criticized
Department of Religious Affairs president Ali Bardakoğlu as well as
president Abdullah Gül who took of his shoes (a custom for
entering a
mosque) before he went into a cem house, and prime minister Recep
Tayyip Erdoğan and culture minister Ertuğrul Günay for not
transforming
Madımak hotel into a museum. Besides, they urged the officials to
effect regulations for a base of equality to lift the insincerity
regarding Alevi rights. They also called for the application of court
decisions in favour of the Alevis.

Following the speeches, the meeting was brought to an end with musical
performances of Emre Saltık, Sabahat Akkiraz, Şevval Sam, Ferhat
Tunç,
Edip Akbayram and Suavi, accompanied by traditional folk dances. (BIA,
Bawer CAKIR, 10 November 2009)

Public workers in Turkey go on strike today for their right to
collective agreements and their right to strike. The reason for this is
that the government has not amended the laws remaining from the time
after the military coup in 1980. In fact, this is contrary to the
actual situation. Turkey signed Convention No. 87 of the International
Labour Organization (ILO) which recognizes the right to form unions for
state employees. Moreover, the European Court of Human Rights (ECHR)
recognized the right to collective agreements and the right to strike
for Turkish pubic workers in 2 decisions, when the court determined a
violation of trade union rights and the freedom of association in both
cases.

"The government was supposed to amend the laws a long time ago"

If the ECHR determines a violation of rights, the countries recognizing
the court's authority are required to amend the regulations subject to
the violation.
Public Workers Unions Confederation (KESK) legal advisor
Öztürk
Türkdoğan talked to bianet about the amendments the government
needs to
enforce:

- The Public Servants Unions Law No. 4688 has to include the right to
collective agreements and the right to strike.
- Law No. 657 must lift the ban to strike for state officers. The
judiciary does not take the law into account anymore and invalidates
discipline penalties given to state officers in this context.
- The process of "collective negotiation" should be skipped and a
process of collective bargaining with the public workers should be
initiated instead.
ECHR recognized right to collective agreements and the right to strike

The ECHR convicted Turkey 2 years ago upon the case of union member
Erhan Karaçay. The ECHR overruled the penalty that had been
given to
Karaçay for participating in union activities. Also the court in
Strasbourg indicated the public servants' right to strike.

In a decision from last year concerning the Union for All Municipality
and Local Management Service Workers, the ECHR pointed out that public
servants in Turkey do have the right to collective agreements, saying
that "if there is no right to collective agreements, union rights are
worthless".

"This problem will persist"

Türkdoğan warned that this problem will be brought up in the
future by
the European Council and the European Union if the government does not
enforce the according amendments. However, in Türkdoğan's opinion,
the
government aims to gain time: "The government tries to gain time
because they do not want to allocate the referring share of the budget
to the public workers. While their share of the budget was 46 percent
10 years ago, today the share has been reduced to about 20 percent.
This IMF application beyond the IMF program suits the government. Yet,
sooner or later they will have to face reality".

Collective agreement is not the same as collective negotiations

Türkdoğan explains the difference between "collective
bargaining/agreement/strike" and "collective negotiations":

"For collective negotiations the full authority lays with the Council
of Ministers. No matter whether they agree or not, the Council of
Ministers has the last word. If an agreement cannot be reached in the
collective bargaining on the other hand, the workers have the right to
go on strike. If they reach an agreement in the collective bargaining,
the Collective Agreement is a binding document, whereas the government
is not obliged to apply the outcome of the collective negotiations.
Those texts settle for the basic rights anyways. This year the
government did not even sign the Collective Negotiations memorandum of
understanding. The government did not deviate of its position one
single millimetre. They announced a raise of 2.5 percent plus another
2.5 percent and that is what was done". (BIA, 25 November 2009)

Upon the groom's claim that the bride "turned out not to be a virgin in
the nuptial night" the Court of Appeals 2nd Judicial Office ruled for
the annulment of the marriage, declaring that "the woman did not
provide the necessary qualifications".

Lawyer Selin Nakıpoğlu Akın told bianet, "This decision enhances once
more a male dominated state and judicial system". Akın continued that
the arguments for the decision show that "women are seen as property".
Moreover, the lawyer pointed out formal problems in the decision since
oral statements of the husbands and other witnesses were counted as
written evidence.

Women's 'qualification': "to be virgin..."

A newly wed husband from Bolu on the eastern tip of the Sea of Marmara
filed a case against his wife to annul the marriage because in the
wedding night he supposedly found out that she was not a virgin any
more. Hereupon, the newly wed wife obtained a report from the local
Obstetrics and Gynaecology Hospital proving her virginity and filed a
divorce case against her husband.

After combining the cases, the Bolu Family Court rejected the husband's
claim and accepted the woman's divorce claim. The case was brought to
the Court of Appeals and the Family Court's decision was overruled. 3
of the 5 court members decreed for an annulment of the marriage and
reasoned their decision as follows:

"Upon the collected evidence it is understood that the defendant
respectively plaintiff woman appeared not to be a virgin in the wedding
night. Thus, accepting the husband's case the rejection is ineffective,
since the necessary qualifications of the women were not provided".

The 2 court members who objected the decision did not question the
virginity. They based their objection both on the medical facts
presented in the doctor's report, proving that "the defendant is still
a virgin" and on statements given by witnesses.

"Violence against women becomes legitimized this way"

Akın said it has to be explained what the Court of Appeals meant with
the term "qualification".

"They are justifying qualities on the side of the women as a reason for
an annulment of the marriage. Then men kill their wives or girlfriends
sheltering behind the same justification. After this men benefit from
mitigation of punishment because of unjust provocation based on the
same reasons again. Like this the chain of violence goes on", Akın
warns.

"This kind of decisions taken by the high courts about a woman's body
and her sexuality is directly connected to men putting women under
pressure regarding their bodies, their sexuality and their honour. That
is why this decision is not innocent, but a dangerous one. (BIA, Yonca
CINGOZ, 11 November 2009)

The European Parliament, debating a report on Wednesday, called on the
Turkish government to coordinate its Iran policy with the European
Union and suggested that Ankara might be blamed for possible European
casualties in Afghanistan because it is blocking military cooperation
between the EU and NATO due to concerns over Cyprus.

The document, formally called the European Parliament 2009 Enlargement
Report and due to be voted on in the parliament on Thursday, “calls on
the Turkish government to coordinate its foreign policy with the EU, in
particular regarding Iran; [but] regrets, however, that the EU-NATO
strategic cooperation extending beyond the ‘Berlin Plus’ arrangements
continues to be blocked by Turkey’s objections, which has negative
consequences for the protection of the EU personnel deployed, and urges
Turkey to set aside those objections as soon as possible.”

Turkish officials were unhappy about the critical tone of the report,
drafted by Italian Christian Democrat Gabriele Albertini. “This is
extremely unfair to Turkey,” a senior Turkish diplomat who wished to
remain anonymous told Today’s Zaman.

The so-called “Berlin Plus” agreement provides the basis for NATO-EU
cooperation in crisis management by allowing the EU to have access to
NATO’s collective assets and capabilities for EU-led operations,
including command arrangements and assistance in operational planning.

NATO member and EU candidate Turkey wants the EU to address injustices
by persuading EU-member Greek Cyprus to drop its veto over Ankara’s bid
to become an associate member of the European Defense Agency (EDA) --
the body set up to nurture EU-wide defense industry policy. Ankara also
wants to be consulted more on European security policy, arguing that it
is already a major participant in EU-led military operations.

The five-page report, which deals with the membership process of
Western Balkan countries as well as Iceland and Turkey, also focused on
the Cyprus problem from a Greek Cypriot perspective and urged Ankara
“to contribute actively to the swift devising of a comprehensive
settlement of the Cyprus question.”

Turkey has built close ties with neighboring Iran in the past years and
now says it is ready to help efforts to resolve an international
dispute over Tehran’s contentious nuclear program peacefully. But the
growing cooperation between Turkey and Iran has led to speculations in
the West that Turkey is shifting from its Western-oriented foreign
policy to an Eastern-oriented one.

Helene Flautre, co-chairperson of the Turkey-EU Joint Parliamentary
Commission, told a group of Turkish journalists in Strasbourg that the
regime in Iran is not acceptable: “Turkey plays a key role in a region
which is vital for Europe. You should be proud of yourself, but as I
told [Foreign Minister Ahmet] Davutoğlu, the regime in Iran is not
acceptable. They came to power thanks to a disputed election,” she said.

Addressing Iran’s misgivings over sending low-enriched uranium (LEU)
abroad before it gets reactor fuel in return as part of a compromise
plan, the UN nuclear watchdog International Atomic Energy Agency (IAEA)
has suggested Iran place the LEU in a friendly third country like
Turkey, pending arrival of the fuel. Iran, however, has so far not
accepted the offer, leading to calls in Europe for sanctions on Tehran.
Ankara dismisses sanctions and call for talks for peaceful resolution
of the dispute instead.

“If we have a problem here, the solution requires diplomacy and
dialogue,” Foreign Ministry spokesman Burak Özügergin said
yesterday at
a press conference in Ankara, pledging that Ankara would continue to
work hard for a peaceful settlement. “There are thoughts of other
options, but we don’t even take them into consideration.”
(todayszaman.com, Ayse Karabat, November 26, 2009)

The European Parliament has hinted in a draft report that it can point
a finger at Turkey for possible European casualties in a future
peacekeeping operation because, it says, Ankara is blocking EU-NATO
cooperation over its concerns related to Cyprus.

In a report on enlargement prepared by Italian Christian Democrat
Gabriele Albertini, the European Parliament claims that Turkey has been
hindering EU-NATO cooperation, thus paving the way for less security
for EU personnel. Formally called the European Parliament 2009
Enlargement Report, the draft will be discussed today at the Committee
on Foreign Affairs (AFET). Ankara, which has not been happy about the
wording of the paragraph on Turkey, has already started to inform
members of the European Parliament of its objections. The five-page
draft, which deals with the membership process of Western Balkan
countries as well as Iceland and Turkey, focused on the Cyprus problem
from a Greek Cypriot perspective.

Contrary to the commission and council conclusions, the draft starts
with alleging that Turkey has “made some progress towards meeting the
Copenhagen political criteria.” In numerous EU documents, it has been
asserted firmly that Turkey has sufficiently fulfilled the Copenhagen
criteria. The paragraph on Turkey refrains from using the term
“membership.” One of the most controversial remarks in the report is
about EU-NATO cooperation. The draft implies that in the case of the
loss of EU personnel in an operation, Turkey could be accused of
blocking the cooperation of the two institutions. The draft expresses
regret “that the EU-NATO strategic cooperation extending beyond the
‘Berlin Plus’ arrangements continues to be blocked by Turkey’s
objections, which has negative consequences for the protection of the
EU personnel deployed,” and urges Turkey to set aside those objections
as soon as possible.

The draft also calls on Turkey to coordinate its foreign policy with
the EU and in particular its relations with Iran. According to the
report, the European Parliament “notes that Turkey has made some
progress towards meeting the Copenhagen political criteria; urges the
Turkish government and all parliamentary parties to establish consensus
on key reforms; points out the crucial importance of a swift
implementation of the judicial reform strategy for the functioning of
the Turkish State and society; regrets the limited progress made in the
area of freedom of expression and freedom of religion; deplores the
continued non-fulfillment of commitments stemming from the Additional
Protocol to the EC-Turkey Association Agreement; calls on the Turkish
government to contribute actively to the swift devising of a
comprehensive settlement of the Cyprus question; welcomes the efforts
to resolve the Kurdish issue and encourages the Turkish government to
take concrete measures to address the situation of citizens of Kurdish
origin; commends the diplomatic efforts made to normalize relations
with Armenia and urges the Turkish Grand National Assembly to ratify
the relevant protocols; calls on the Turkish government to coordinate
its foreign policy with the EU, in particular regarding Iran; regrets,
however, that the EU-NATO strategic cooperation extending beyond the
‘Berlin Plus’ arrangements continues to be blocked by Turkey’s
objections, which has negative consequences for the protection of the
EU personnel deployed, and urges Turkey to set aside those objections
as soon as possible.” (Zaman, Selçuk GULTASLI, 4 November 2009)

“The principle that countries do not negotiate with terrorists is
practically accepted as dogma. The appellation of terrorist thus has an
extremely delegitimizing impact on whatever political cause the
terrorist group purports to represent.” (Joanne Mariner, Human Rights
Watch, 2002)

Since 9/11 a Global War on Terror has been on stage. Many organizations
were – against this background of securitization – enlisted as
‘international terrorist organizations’. A good thing, so it appeared:
few people would endorse organizations that commit attacks on innocent
civilians.

The anti-terror lists were soon to become subject of controversy
though. Several political movements found themselves labeled as
‘terrorists’. However, often these have a clear political project and
represent a great number of people that have remained excluded from the
political arena. Governments, in particular in the Middle East, benefit
from defining groups that threaten to undermine their political power
as ‘terrorists’. With terrorists one does not need to dialogue. This
particular categorization thus delegitimizes these movements and very
often, that is particular what is sought.

The terrorist label is not an innocent instrument. It’s impact is felt
in the daily lives of many thousands of people. For more than two years
the people of Gaza, living in ‘Hamas-controlled territory’, have
suffered the consequences of a blockage and an international political
isolation. In Afghanistan the military anti-terror war strategies
vis-à-vis the Taliban still haven’t brought any solution and the
number
of deaths is rising. In Turkey, the current ‘peace initiative’ of the
government risks to remain stillborn as the political recognition of
the Kurdish movement continues a taboo. On many occasions violent
conflict continued as the terrorist label ran negotiated solutions with
governments and international actors impossible. The question then is
if the terrorist lists are not creating more problems than they
actually seek to solve?

In this seminar we will give the floor to prominent guests who all have
their own particular answers to these urgent questions.

The language of the seminar will be English. There is no translation
foreseen.

Program

13u00 Welcome and introduction by Ludo De Brabander, vzw Vrede
13u15-13u40 The anti-terror policy and the European Union by Gilles de
Kerckhove (EU Anti-Terror Coordinator – to be confirmed)
13u40-14u05 The ‘crusade’ against terrorism and its consequences for
the ‘Greater Middle East’ by Jef Lambrecht (VRT-Journalist en author of
'De heilige Wereldoorlog' / ‘The Holy World War’)
14u05-14u30 The War on Terror and its consequences for political
protest and conflict resolution by Mark Muller QC (Chair of the Bar
Human Rights Committee of England and Wales and the Kurdish Human
Rights Project)
14u30-14u55 Terrorist lists and the criminalization of resistance by
Liz Fekete (Deputy Director of the Institute of Race Relations in
London and author of A Suitable Enemy: Racism, Migration and
Islamophobia in Europe)
14u55-15u30 Paneldiscussion
15u30-16u00 Questions and Answers